Sarvesh vs State of U.P.

Barkat Ali Zaidi, J.—Accused Appellant Sarvesh son of Ram Gopal Dubey has been convicted u/s 18/20, N.D.P.S. Act on basis of recovery of 1 Kg. Heroin, which is 3 times more than the minimum commercial quantity according to the Schedule of the N.D.P.S. Act.

He demands bail pending appeal.

Heard Sri P. N. Mishra, senior advocate, assisted by Sri Apul Misra, advocate for the Appellant and Sri N. D. Rai, Addl. Government Advocate for the State.

The counsel for the Appellant has urged that there is no public witness of recovery and the sample was sent to Forensic Laboratory for Chemical Examination Report after about 16 days of taking the sample but these circumstances alone are not sufficient to discredit the factum of recovery.

India has been placed on the major list of countries, identified as main drug transit or illegal Drug producing sources by the International Narcotics Control Board in its latest report. The report states that India had become a major transit country, and destination for Drug Trafficking for many International syndicates.

This rising trend needs to be curbed with a strong hand. Bail should not, therefore, be easily granted to drug traffickers.

Application rejected.