Mohammad Iqbal vs State of U.P.

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

The present criminal appeal has been filed by the Appellant against the judgment and order dated 3.3.2011 passed by learned Additional Sessions Judge,/ Fast Track Court No. 3, District Kanpur Nagar in Sessions Trial No. 66 of 2000, convicting the Appellant, u/s 20(b)(ii)(c) of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of 12 years together a fine of Rs. 1,20,000/-and in default in payment of fine to undergo further imprisonment of 6 months.

Learned Counsel for the Appellant contended that as per the prosecution case 1 1/2 kg Charas was allegedly recovered from the possession of the Appellant at about 12.00 noon on 27.6.2000 in a market area in routine search.

He further contended that on the same day at about 4.00 am the police personnels of P.S. Beckanganj, Kanpur Nagar had taken away the Appellant from his house on the pretext of making some inquiry. However, when the Appellant was not set free by the police personnels till 8.00 am his wife sent a telegram to S.S.P., Kanpur Nagar on the same day at 8.00 am informing him about the illegal detention of the Appellant by the police personnels of P.S. Bekanganj.

Learned Counsel for the Appellant further contended that after having forcibly taken the Appellant from his house in the morning of 27.6.2000, the Appellant was falsely implicated in the present case with regard to a recovery of contraband article which was made from one Liyaqat and although this fact was clearly stated by the Appellant in his examination u/s 313 of Code of Criminal Procedure, the court below while convicting the Appellant failed to scrutinize the same.

Learned Counsel for the Appellant also submitted that the conviction of the Appellant on the basis of the interested testimony of police personnels cannot be sustained.

He lastly contended that the Appellant who has No. criminal antecedent to his credit was on bail during pendency of trial (10 years in this case) and there is No. instance of abuse of liberty of bail by him and since appeal is not likely to be heard in near future, the Appellant is entitled to be enlarged on bail during the pendency of this appeal Learned A.G.A. opposed the prayer for bail.

After having considered the submissions advanced by the learned Counsel for the parties and perused the impugned judgment as well as the record of the lower court, I do not find that there is any reasonable ground to believe that the Appellant has committed the offence with which he has been convicted and there is any likelihood of his committing any other offence while on bail.

Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, let the Appellant Mohammad Iqbal, 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 Sessions Trial No. 66 of 2000, u/s 20(b)(ii)(c) of N.D.P.S. Act, Police Station Bekanganj, District Kanpur Nagar. 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.

Subject to the Appellant despositing Rs. 10,000/-the realization of remaining amount of fine shall remain stayed during the pendency of the present appeal.