( 1 ) THE applicant is in custody in connection with the offence registered by the Police Station Civil Lines Bilaspur at Crime No. 188/2002 for commission of the offence punishable under section 18 and 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

( 2 ) THE prosecution story is that on 27. 3. 2002 Station House Officer V. K. Mishra (Respondent No. 2) received information and left the Police Station at 13. 55 hours along with Sub Inspector J. P. Patel, Head Constable 926 Murlidhar Jayaswal, Constable 209 Sukhchain Prasad, Constable 975 Raghvendra Tiwari, and Constable 358 Basant Kumar for patrolling in order to check and enquire illegal vehicles, Motor Cycle, Jeep, Marshal, Tata Sumo etc. , and suspicious persons, criminals, liquor and Ganja. It is said that while the police party was on patrolling, near Minimata Nagar accused-applicant Rajesh Sharma Ramjan S/o Kanhaiyalal Sharma, 21 years R/o Gudhiyari, Raipur, presently R/o Sakri, Bilaspur was found in suspicious condition and on investigation he was found in possession of a brown coloured bag containing Morphine injection, nitrazepam tablets and about 30 grams opium (ganja) in white colour polythin. On 27. 3. 2002 the notice for searching was given at 17. 15, Recovery (Baramadgi) Panchnama was prepared at 17. 30 in which following articles were recovered:- (1) one brown coloured bag (air bag) having title in English Spanish Bag containing 10 packets of Morphine injection having 10-10 pieces ampule of 2-2 m. l. (2) 5 packets Nitrazepam tablets each packet containing 10 strips and each strip containing 10 tablets. (3) one white coloured polythin containing opium (ganja ). Identification (Pahchan) Panchnama was prepared at 17. 40 for identifying opium (ganja) by means of smelling, rubbing and by putting at fire, Weights (Taraju) Panchnama was also prepared but time is not mentioned, Weight (Taul) Panchnama was prepared at 17. 50 hours and it was found that the opium (ganja) was of 30 grams, property seizure memo was prepared at 18. 00, notice under section 91 of the Cr. P. C. was given to the accused applicant to enable him to produce licence, if any, the information was given to the City Superintendent of Police regarding registration of the crime, who received it on 28. 3. 2002 at 10. 00 hours. The articles were sent to the forensic laboratory, Raipur on 2. 4. 2002. The report from the forensic laboratory was received on 4. 4. 2002. As per this report article-A was found to be Ganja (opium ). The Morphine injections were also sent for examination on 15. 4. 2002 to the Forensic Laboratory, Raipur and the report was received on 27. 5. 2002 to the effect that the injections and tablets are Morphine and Nitrazepam.

( 3 ) THE prosecution case is that the accused-applicant was taken to the custody on 27. 3. 2002 and was produced in the Court on 28. 3. 2002 from where he was sent to the jail custody. The challan was filed in the Court of Special Judge (Narcotics) Bilaspur on 29. 5. 2002.

( 4 ) THE accused-applicant applied for grant of bail before the trial Court that was rejected vide order dated 4. 4. 2002. Counsel for the applicant submits that a perusal of the order shows that there is no opposition by the public prosecutor. He further submits that because the relations of the applicant made com-plaints to the authorities regarding illegal selling of narcotics drugs that is why the police has falsely implicated the accused-applicant in the crime in question.

( 5 ) LEARNED counsel for the accused-applicant submits that the applicant has been falsely implicated by Civil Lines Police because residents of Masanganj locality (Samast Mohallabasi Masanganj) made a complaint to the Collector and Superintendent of Police, Bilaspur on 8. 5. 2000 to the effect that under the patronage of Police narcotics drugs, injections and tablets are being sold openly. About 20 persons signed this complaint. In this complaint it is mentioned that Bada Babba Rajesh Ti