Iliyas vs State of U.P.

Shri Kant Tripathi, J.—The Appellant has been convicted and sentenced u/s 21-B and 22-B of Narcotic Drugs and Psychotropic Substances Act, 1985 vide the judgment and order dated 03.12.2010 rendered in Sessions Trial No. 434 of 2005, State v. Iliyas, arising out of case crime No. 1781/2005, by Additional Sessions Judge, Court No. 13, Moradabad and the maximum sentence imposed on The Appellant is of 7 years'' R.I.

Heard the learned Counsel for The Appellant and the learned A.G.A. for the Respondent and perused the record.

Learned Counsel for The Appellant submitted that the 60 grams of Smack and 1.150 KG of opium were recovered from the possession of The Appellant Iliyas, which were less than the commercial quantity, therefore, the provisions of Section 37(b) of N.D.P.S. Act are not attracted in this case. It was next submitted that The Appellant was on bail during the trial and never abused the same and is presently in jail from 03.12.2010 and no public witness was examined in support of the recovery nor was called at time of the recovery. It was further submitted that The Appellant has been falsely implicated due to enmity. There is no prospect of the appeal being heard in near future due to heavy dockets. The provisions of Sections 50 and 57 of the N.D.P.S. Act were also not followed. It was also submitted that The Appellant Omkar Singh, having similar role, has already been enlarged on bail vide the order dated 31.3.2011 passed in Criminal Appeal No. 7820/2010.

Keeping in view the facts and circumstances of the case and submissions of the learned Counsel for The Appellant and the learned A.G.A, The Appellant Iliyas is bailed out during the pendency of the appeal in the aforesaid Sessions Trial on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

a. The Appellant shall attend the court according to the conditions of the bond executed by him;

b. The Appellant shall not commit an offence similar to the offence of which he is accused;

c. The Appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence,

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided The Appellant deposits half of the fine within one month.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Let the paper books be prepared.

List the appeal for hearing in due course.