Jameel Ahmad vs State of U.P.

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

The present criminal appeal has been filed against the Judgment and order of conviction dated 15.09.2010 passed by learned Additional Sessions Judge, Court No. 8, District Moradabad, in Special Sessions Trial No. 706 of 2009, (State v. Jameel Ahmad) arising out of case crime No. 706 of 2008, P.S. G.R.P. District Moradabad whereby sentencing the appellant, u/s 20 of N.D.P.S. Act to undergo rigorous imprisonment of 5 years along with fine of Rs. 50,000/- and in default in payment of fine, one month further imprisonment.

It is contended by learned Counsel for the appellant that 600 grams of charas is alleged to have been recovered from the possession of the appellant which is below the commercial quantity and that the mandatory provisions of the N.D.P.S. Act have not been complied with. It is further contended 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 A.G.A. 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 merits of the case, let the appellant Jameel Ahmad, 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 Special Sessions Trial No. 706 of 2009 State v. Jameel Ahmad arising out of case crime No. 706 of 2008, P.S. G.R.P. District Moradabad. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial Judge concerned to be kept on record of this Appeal.

Realization of fine shall remain stayed during the pendency of the present appeal.