( 1 ) HEARD Sri V. P. Srivastava, counsel for the applicant and Sri Shivaji Misra, counsel for the Union of India.

( 2 ) THE counsel for the applicant argued that the applicant being a driver could have no knowledge about the contents of the bags which he was carrying by the truck No. U. G. M. 7945. It was further submitted that the recovery had not been made in accordance with the provisions of sections 42, 43 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and as such the successful prosecution of the applicant was doubtful. The recovery in the instant case had been by the Inspector of Customs, Basti. Section 43 which is applicable to the facts of the case envisages that any officer of any of the departments mentioned in section 42 may (a) seize, in any public place or in transit, any Narcotic drug or psychotropic substance in respect of which he has reason to believe an offence punishable under Chapter IV has been committed, and, along with such drug or substance any animal or conveyance or article liable to confiscation under this Act; any document or other article which he has reason to believe may furnish evidence of the commission of an off