Begraj vs State of U.P.

Bala Krishna Narayana, J.—Heard learned Counsel for the appellant and learned AGA.

The present criminal appeal has been filed against the judgment and order of conviction dated 17.6.2010 passed by learned Additional Sessions Judge, F.T.C. No. 5, Pilibhit in S.S.T. No. 54 of 2007, convicting the appellant in Case Crime No. 938 of 2007 State v. Begraj u/s 8/20 NDPS Act and sentencing him to undergo rigorous imprisonment of 4 years along with a fine of Rs. 1000/- and in default in payment of fine to undergo further simple imprisonment of one month.

It is contended by learned Counsel for the appellant that 120 gms of Charas powder is alleged to have been recovered form the possession of the appellant which is below the commercial quantity and that the mandatory provisions of the NDPS Act has not been complied with. It is further contented that the appellant was on bail during the pendency of the trial and he has not misused the liberty of bail during trial. It is next contended that the appeal is not likely to be heard in near future.

Learned AGA did not raise any dispute to the contention of learned Counsel for the appellant.

Admit.

Summon the trial court records.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, let the appellant Begraj be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned in S.S.T. No. 54 of 2007, in Case Crime No. 938 of 2007 State v. Begraj u/s 8/20 NDPS Act. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Judge concerned to be kept on record of this Appeal.

Subject to the appellant depositing an amount of Rs. 25,000/-, the recovery of the remaining amount shall remain stayed.