Ravindra Singh, J. - (1.) Heard Sri Indra Bahadur Singh, learned Counsel for the applicant and Sri S.K. Singh, learned Counsel for Narcotic Control Bureau.
(2.) This application is filed by the applicant Gopal Seth with a prayer that he may be released on bail in Case Crime No. Nill of 2004, under sections of N.D.P.S. Act, Police Station Narcotic Control Bureau, District Varanasi.
(3.) From the perusal of the record, it appears that the Officers of Narcotic Control Bureau got a secret information on, 21.9.2004. Relying upon that information the team of the officers of Narcotic Control Bureau alongwith two independent witnesses namely Ashok Kumar Jaiswal and Kamla Seth Came to the house of co-accused Laxman Yadav at 11.30 A.M. and knocked the door. Co-accused Laxman Yadav came out from his house. He was apprised by his right of giving the search in the presence of a Gazetteed Officer or a Magistrate as provided by section 50 of the N.D.P.S. Act. He expressed his desire to take the search of his house by the first informant and others. Thereafter, search of his house was taken where 26 bags having packets were recovered. The bags were contained the Ganja. The recovered Ganja was weighed, which was found 821.05Kg. From the different recovered bags the sample of Ganja was also taken. The co-accused Laxman Yadav confessed before the Arresting Officer and others that the recovered contravened was Ganja. He stated that the recovered Ganja was kept at his house by co-accused Gopal Seth because he was his servant. He confessed that he was salesman at the shop of Bhanga. He disclosed the names of other co-accused persons also. He further stated that the applicant and co-accused Amit Seth, Sushil, Arvind Rai and he himself were doing the illegal business of Ganja.;