Vijay Kumar Verma - (1.) HEARD, Sri Ramesh Chandra, advocate appearing for the applicant and A.G.A. for the State and perused the record.
(2.) ACCORDING to the F.I.R. lodged on 27.12.2007 at 3.45 p.m., by the complainant-Shamsher Bahadur Singh, Station Officer of P. S. Khadda, district Kushi Nagar, a case under Section 8/20 N.D.P.S. Act was registered at P. S. Khadda at Case Crime Nos. 445, 446, 447 and 448 of 2007 against four persons namely 1. Iftikhar, 2. Jameer Mian, 3. Muhammad and 4. Pappu Gupta (applicant herein). The allegation in the F.I.R., in brief, are that on getting information from informer that some persons are carrying ganja in jeep No. U. P. 52B/1741, the said jeep was intercepted by the police on 27.12.2007 at about 1.30 p.m. and four persons including the applicant Pappu Gupta were apprehended, who were sitting in jeep. When search of the cabin of jeep was made, 160 Kgs. ganja was recovered in separate packets. Applicant Pappu Gupta is said to have told that packets containing 30 Kg. ganja belong to him. The main submission made by learned counsel for the applicant is that compliance of Section 50 of N.D.P.S. Act was not made, as prior to making search of the jeep, option to get the search made before the Magistrate or Gazetted Officer was not given and search was made by the arresting officer himself, which is not permissible. It was also submitted in this context that compliance of Section 100, Cr. P.C. also was not made. Next submission is that no such incident as alleged in the F.I.R. had occurred and fabricating a false story, the applicant has been falsely roped in this case.
(3.) IT is further submitted that there is no criminal history of the applicant, who had come to earn his livelihood from Bihar to Uttar Pradesh, where he has been falsely implicated in this case without any basis. It is also submitted that no person of public was called by the arresting officer at the time of alleged recovery.;