Raj Narain Tiwari 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 by the Appellant against the judgment and order dated 23.8.2011 passed by learned Special Judge, (E.C. Act), Banda in Special Case No. 74 of 2008, convicting the Appellant, u/s 20 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of one year together 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 1 kg and 150 grams of Ganja is alleged to have been recovered from the possession of the Appellant which is below the commercial quantity and there was No. compliance with the mandatory provisions of Section 42(2) of N.D.P.S. Act.

He further contended that the applicant has No. criminal history to his credit and he was on bail during the pendency of the trial and he is on interim bail 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, the Appellant is entitled to be enlarged on bail.

Learned A.G.A. opposed the prayer for bail.

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 Raj Narain Tiwari, 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 Case No. 74 of 2011, u/s 20 of N.D.P.S. Act, Police Station Marka, District Banda. 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.