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Judgment
Narain Singh ''Azad'', J.
Shri D.C. Jain, Adv. appears for the petitioner.
Shri S. Kureel, Dy. G.A. for the State. Arguments heard.
Case Dairy of Crime No. 124/2002, of P.S. GRP Itarsi, Dist. Hoshangabad, which pertains to offences punishable 8 read with section 20 of the NDPS Act perused. On 22-2-2002, 8 kilograms of Ganja is stated to have been seized from the possession of this petitioner at Railway Station Itarsi.
It is submitted by Shri Jain that the original F.I.R. is not on record and the letter which is shown to have been written by SHO GRP Itarsi to SDM on 22-2-2002, bears the seal of dispatch dated 23-2-2002, wherein, the Sub-Divisional Magistrate is requested to reach the spot for witnessing the proceedings of search and seizure, which are stated to have been conducted by S.H.O. on 22-2-2002, therefore, it is apparent that this petitioner is falsely implicated. He has further pointed out that on perusal of copies of Rosnamchasanas it may be seen that the informations regarding other persons dealing in N.D.P.S., have been collected and not against this petitioner. It is also submitted by Shri Jain that the consent of the petitioner was not obtained in respect of person in whose presence, he wanted to give the search, and so also, the petitioner is entitled for bail.
It is then submitted by Shri Jain that the petitioner is innocent and therefore he may be released on bail, after imposing conditions. It is lastly pointed out by Shri Jain that the provisions contained in sections 40, 42, 50, 52 and 57 of the N.D.P.S. Act have not been complied with.
But the aforesaid points may be examined on appreciation of evidence only, which is not possible at this stage, when the material collected in the case diary against this petitioner, and the documents of unimpeachable character only are to be weighed, by accepting the same at the face value.
On a consideration of all the facts and circumstances collected in case diary, the petitioner is not found entitled for bail and hence this bail application stands disallowed and rejected. However, the Special Judge, NDPS, Hoshangabad, is directed to expedite the disposal of case.