Ehsan Khan vs State of U.P.

B.A. Zaidi, J.—Accused-Appellant Ehsan Khan has been convicted u/s 8/21, Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 60, Excise Act by judgment and order dated 17.12.2007 passed by Additional Sessions Judge/F.T.C./Court No. 3, Ghazipur in Cri. Case Nos. 43/2006 and 123/2007 respectively, on basis of recovery of 10 gm. heroin and 20 bottles of liquor.

Heard Sri A. Raza, advocate for the Appellant and Sri Sanjay Sharma, Additional Government Advocate for the State.

Admit. Record of the trial court be summoned.

Accused-Appellant wants bail pending disposal of the appeal. There is no public witness of recovery and recovery is based on the testimony of police witnesses. It would not be appropriate to dilate at this stage on the credibility of the evidence. The accused is an agriculturist.

In view of overall circumstances of the case, it seems proper to grant bail pending disposal of the appeal. The Appellant be, therefore, released on bail on his furnishing a personal bond of Rs. 10,000 with only surety in the like amount to the satisfaction of the trial court and execution of the punishment in question shall remain suspended pending disposal of the appeal.