Heard Sri D.S. Yadav, learned counsel for the applicant and learned A.G.A. for the State.

2. This is the bail application on behalf of the accused applicant Hari Ram Yadav, who is involved in case Crime No. 42 of 2011, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as the N.D.P.S. Act), Police Station G.R.P., District Gorakhpur.

3. According to the prosecution case as alleged in the First Information Report lodged on 8.1.2011 at 7.50 P.M. against the applicant Hari Ram Yadav under Section 8/20 of the N.D.P.S. Act, the police of Police Station G.R.P., District Gorakhpur received an information by some informer that a person having Charas was standing near the railway station desiring to go anywhere. The police on that information, reached at Majar near railway station. The applicant was waiting for boarding some train. The applicant tried to run away seeing the policemen when he was arrested by the police. The applicant disclosed his name as Hari Ram Yadav during interrogation and told that he was having Charas in his bag. According to recovery memo, the applicant was informed of his right of search before the competent Gazetted Officer or the Magistrate. The applicant consented to his search by the policemen expressing faith in the police. The letter of consent from the applicant was got prepared by the police and then the police personnel took their mutual search and then 12 bundles of Charas wrapped in a piece of paper were recovered from the plastic bag held by the applicant. Licence/authority for keeping Charas was demanded from the applicant but the applicant could not show the same. The applicant was taken into custody by the police and the police took possession of the said Charas. The weight of the recovered Charas was found 6 Kg. and 100 Grams of Charas as sample was taken therefrom and then it was sealed. During arrest of the applicant, several persons were assembled there but they did not become ready to witness the said search and recovery. The recovery memo of the said Charas was got prepared in the torch light and light of electricity and copy of the same was given to the applicant.

4. According to the G.D. entry vide G.D. Rapat No. 52, time 19.50 dated 8.1.2011, a sum of Rs. 550/- in cash and one railway pass bearing No. 379898 were found during search, while detaining/admitting the applicant at the police station.

5. The first submission of the learned counsel for the applicant is that the applicant has been falsely implicated in this case showing false recovery of the said Charas and he is aged about 70 years. He is a retired employee of the Railway Department and is a pensioner. Sanjay Kumar, the son of the applicant is an engineer in Satyam Computer at Delhi. The applicant after taking pension was going for his treatment to his son's house in Delhi on 7.2.2011 from Satyagrah Express Train from Raksaul Railway Station. While the train reached at Gorakhpur Railway Station, some police personnel compelled him to vacate his seat, the applicant refused to vacate the seat warning to report the matter to the officer concerned. The applicant was beaten by the police and then he was arrested showing false recovery of the said Charas.

6. The next submission of the learned counsel for the applicant is that the police of Police Station G.R.P. had recovered the said bundle from some other person but left that person after taking huge money from him and had shown false recovery of Charas from the applicant. It is further submitted by the learned counsel for the applicant that the police personnel have also snatched the money from the pocket of the applicant. The applicant is suffering from serious disease for which he was going to Delhi. It is further submitted that the police have not complied with the provisions of Sections 100 and 165 Cr.P.C. and Section 50 of the N.D.P.S. Act. The applicant has no criminal history. The applicant is in jail since