- (1.) G. P. Srivastava, J. Heard learned Counsel for the applicant and learned Counsel for N. C. B.
(2.) IN the instant case the applicant on 21-9-2005 at 20 hours was arrested by INtelligence Officer of NCB Varanasi and from search of a bag hanging around his shoulder 5160 tablets of Nitrazepam and 700 ample of morphin were recovered. The statement of the applicant was recorded under Section 67 of N. D. P. S. Act where in the applicant has admitted that he supplied these medicines as directed by one Monu Yadav who paid him Rs. 200/-for each supply. The learned Counsel for the applicant has argued that the provisions of Sections 42 and 50 N. D. P. S. Act have not been complied with. The arguments have no force because in the instant case neither the provision of Section 42 nor 50 N. D. P. S. Act are applicable. However a written offer was given to the applicant before search as required under Section 50 N. D. P. S. Act. The statement of the applicant recorded by the Officer of NCB is admissible in evidence under Section 67 of N. D. P. S. Act. Therefore there can be no doubt at this stage that the applicant was found in possession of the Nitrazepam Drug and Psychotrophy Substance which were above the commercial quantity. The provisions of Section 37 N. D. P. S. Act comes into play. There is no evidence that no case is made out against the applicant and the applicant will not repeat the crime if released on bail. No ground for bail is made out. The bail application is rejected. Application rejected .;