ASHOK SRIVASTAVA,J. - (1.) THIS bail application has been moved on behalf of the applicant Abdul Zabbar who is involved in Case Crime No. 59 of 2008, under Section 8/22 N.D.P.S. Act, Police Station Kotwali, district Ghaziabad.
(2.) THE complainant of this case is Raj Mani Pandey, Station House Officer of Police Station Kotwali, Ghaziabad. On 21.1.2008 he was petrolling in his area alongwith other police personnel. An informer met him and informed that a Car, which was coming from the side of Ghaziabad and going towards Delhi was being occupied by 3 persons who were carrying with them certain amount of narcotic substance. Believing the information given by the informer, the complainant intercepted the vehicle ( Indica Car No. DL 3/C/W-567) The complainant found that besides the driver, two other persons were sitting in the said car. On enquiry one of them disclosed his name as Abdul Zabbar, the applicant. Abdul Zabbar was holding a black coloured bag in his hand. On search it was found that bag contained illicit heroin having its weight as 500 gms. An arrest and recovery memo was prepared at the spot. The said recovery was conducted at about 9.30 P.M. near the mortuary situated near the river Hindon. An F.I.R. was lodged at the police station the same night on the basis of the recovery memo. The applicant was arrested by the complainant and he is in jail. It has been submitted on behalf of the applicant that the applicant is in jail since 21.1.2008, that in the instant case the arresting officer has failed to comply with the mandatory provisions as contained in Sections 42 and 50 of the N.D.P.S. Act. It has also been submitted that the provisions of Section 100 of Criminal Procedure Code had also not been complied with. It has further been submitted that the entire story set up by the complainant is highly improbable, that no heroin was recovered from the possession of the applicant and that there is no criminal history behind the applicant. With these arguments the bail prayer of the applicant has been pressed.
(3.) THE bail application has been vehemently opposed by learned A.G.A. I have heard learned counsel for the applicant and learned A.G.A. and examined the records and gone through the rulings filed from the both sides.;