In the present case, the recovery was by a Gazetted Officer and the provisions of Section 57 and Section 50 of the N.D.P.S. Act was fully complied with; the recovered 'Ganja' and sample taken from, was sent for chemical analysis to Forensic Science Laboratory, in accordance with the rules; the presence of applicant as cleaner of the truck concerned is admitted one; the 'ganja' in the tune of 590 kgs. was hidden in above truck, over which banana was being transported. Meaning thereby, it was a concealment of the articles loaded over above truck; apparently, banana was being transported and hiddenly, it was with above huge quantity of 'ganja'; accusation under Section 29 of the N.D.P.S. Act is also there; statements of the accused persons apprehended on spot were recorded; the transportation of above 'ganja' said to be given by its owners Mukesh Kumar and Uday Kumar Mehta and transported to Nanpara, Bahraich, has been admitted by driver Rajjab Ali; applicant is cleaner of truck concerned and constructive possession with mensrea is under presumption; the quantity is huge and within purview of commercial quantity; there is every likelihood of repetition of offence and tampering with evidence as well as apprehension of fleeing from course of justice, in case of release on bail.
