- (1.) Heard Sri Hari Shankar Singh for the applicant; Sri Sanjay Kumar Singh for the Central Bureau of Narcotic; the learned A.G.A. for the State and perused the record.
(2.) The instant bail application has been filed seeking bail in Complaint No. 39 of 2015 (Union of India v. Suresh Kumar Gupta @ Chandu and another) arising out of Case Crime No. Nil of 2015, under Sections 8, 22, 27-A, 29 of Narcotic Durgs and Psychotropic Substances Act, 1985, P.S. Ghazipur, District Ghazipur, pending in the Court of Additional Sessions Judge (Central Bureau of Narcotic-'CBN'), Court No. 8, Varanasi.
(3.) According to the prosecution case, 3400 injections of Buprenorphine (1600 injections under the brand name of N-Norphine and 1800 injections under the name of Lupigesic) of 2 ml each, in weight 6.80 kg, were recovered from a plastic bag kept and tied on the rear seat of a motorcycle which was being driven by one Suresh Kumar Gupta. It is alleged that after following due procedure, the said recovery was made which was well above the commercial quantity of 20 gm. It is alleged that from the statement of Suresh Kumar Gupta it transpired that Vijay Kumar Chaudhary @ Vijju Chaudhary (the applicant) had handed over the contraband articles for trafficking. Consequently, on 11.03.2015, according to the prosecution case, summons were issued to Vijay Kumar Chaudhary (the applicant) for appearance on 18.03.2015 before the Inspector/Investigating Officer, Preventive & Intelligence Cell, Central Bureau of Narcotics, Ghazipur for the purpose of recording statement under Section 67 of the N.D.P.S. Act. Thereafter, according to the prosecution case, on 18.03.2015, the applicant is said to have admitted trafficking of the alleged psychotropic substance. On the basis of his statement as well as the statement of co-accused, a complaint was filed by Inspector/Investigating Officer, Preventive & Intelligence Cell, Central Bureau of Narcotics, Ghazipur under Sections 8, 22, 27-A and 29 of the N.D.P.S. Act.;