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RAJESH PANDEY versus UNION OF INDIA THR. D.R.I. GORAKHPUR

High Court of Judicature at Allahabad

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Rajesh Pandey v. Union Of India Thr. D.R.I. Gorakhpur - CRIMINAL MISC. BAIL APPLICATION No. 9451 of 2005 [2006] RD-AH 5121 (3 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.N. Misra, J

The applicant Rajesh Pandey is involved in Case Crime No. 1 of 2005, under Section 8/20/43/43 of N.D.P.S. Act, Police Station Rajaswa Asuchana Nideshalaya, District Gorakhpur.

Heard learned counsel for the applicant and learned A.G.A for the prosecution.

The recovery memo reveals that  in a Tata Sumo, one Vijay Singh was travelling, who was owner of the vehicle. This accused was Driver of the said Vehicle. Besides this vehicle, there was a Truck also and from both the vehicles,  heavy recovery of "Charas" much beyond commercial quantity was recovered. The recovery memo also shows that the recovery was made in presence of a Gazetted Officer. From Tata Sumo, 20.5 Kg "Charas" was  allegedly recovered on pointing of Driver and owner of the vehicles. This defence at this stage will not be believeable that the Driver of the vehicle had no knowledge of the Charas kept in the vehicle.

No case for bail is made out.

Accordingly, the bail application is rejected.

3.3.2006

sfa/9451/05(bail


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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