Heard Sri Virendra Kumar learned Counsel for the applicant, and the learned A. G. A.

2. From the perusal of the record, it reveals that a F. I. R. was lodged by Dr. Praveen Kumar Singh, Sub- inspector of Police Station Kotwali Nagar, District Saharanpur under Sec. 18/20 of N. D. P. S. Act on 28-3- 2004 against the applicant in case Crime No. 144 of 2004 P. S. Kotwali Nagar District Saharanpur.

3. The prosecution story in brief is that the first informant got the information through Mukhbir Khas that a Truck No. HR-37, 3153 is coming from Behat side, in which the bags containing Doda powder were loaded. On that information, the first informant and other police personnel boarding in a Government Jeep, moved to intercept that vehicle. The above mentioned truck was intercepted but one person by jumping from that truck, ran away who was chased by the two police constables but he could not be arrested but he was properly identified. The applicant being the driver of the truck came out from that truck and disclosed that the bags of the Doda powder were loaded in the Truck. He was asked to give the search in the presence of the Gazetted Officer subsequently he became re