( 1 ) THIS application for bail under Section 439, Cr. P. C. arises out of case Crime No. 107 of 1996 under Section 8/18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) registered at police station Dildarnagar, district Ghazipur.

( 2 ) ACCORDING to the prosecution story as set out in the First Information Report, Sub-Inspector Kale Deen Azad along with the two constables was present at Bahawra Crossing on 28-7-1996 for checking of the vehicles and fire arms and surveillance over anti-social elements. There he received an information from the Mukhbir Khas that a person in possession of narcotics was about to go from Dildar Nagar to Village Pachokhar and he could be arrested along with contraband article if steps were taken quickly. On the basis of the said information the police party led by Sub-Inspector Kale Deen Azad left for the destination and nabbed the applicant as soon as he reached at Pachokhar Tiraha at about 9-10 hours. On being apprehended the applicant was told that according to the information received by the police he was in possession of narcotics and if he so desires he could be produced before a Magistrate or a Gazet