Vinod Prasad, J. - (1.) THE applicant is involved in Crime No.6 of 2006, under Sections 8/21/27A/29 N.D.P.S. Act, Police Station Narcotics Control Bureau Varanasi, Uttar Pradsh. His bail prayer has been refused by the lower Court vide Annexure No.5 on 25.9.2006 and hence, he has approached this Court for being released on bail in the aforesaid crime number.
(2.) ACCORDING to the prosecution allegations, it is contended that Narcotic Control Bureau got an information that some people are indulging in trafficking of narcotic drug and hence, Narcotic Control Bureau formed a team of nine persons and apprehended the applicant when he was going on a rickshaw in front hotel 'Land Mark' in district Varanasi. From the possession of both apprehended accused persons 2.5 K.g. heroine were recovered out of 1 K.g. of heroine was recovered from the possession of the applicant. Section 37 of the N.D.P.S. Act was complied with and the applicant was arrested. On such fact, I have heard learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned counsel for the Narcotic Control Bureau and learned AGA. Learned counsel for the applicant contended that the applicant has been falsely implicated in this case. He further contended that wife of the applicant had informed the senior police officers and the District Magistrate that the applicant had been arrested by the police and was likely to be implicated in a false case. It was further contended that on 4.8.2006 an application was sent to the authorities also for the false implication of the applicant. He further submitted that Section 42, 43 and 50 of the N.D.P.S. has not been complied with in the case. He further submitted that the address of the applicant was not known, which fact was established through the newspaper Amar Ujala. He further submitted that the applicant is in jail since 3.8.2006.
(3.) SRI Sanjay Kumar Singh, learned counsel for Narcotics Control Bureau on the other hand invited attention of the Court on the court affidavit filed by him and contended that the applicant after his arrest has confessed dealing in narcotics, which statement is admissible under Section 67 of the N.D.P.S. Act. He further submitted that looking to Section 37 of the N.D.P.S. Act and huge quantity the applicant is not entitled to be released on bail. I have considered and circumstances of the case. Looking to the fact that the applicant is indulging an illegal trafficking of narcotic drug, I am not inclined to grant bail to the applicant. Hence, bail prayer of the applicant stands rejected.;