Shafiq 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 8.7.2011 passed by learned Additional Sessions Judge, Court No. 6, District Pilibhit in Sessions Trial No. 23 of 2011, convicting the Appellant, u/s 8/20 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of two years together a fine of Rs. 10,000/-and in default in payment of fine to undergo further simple imprisonment of three months.

It is contended by learned Counsel for the Appellant that 200 grams of charas 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 50 of N.D.P.S. Act.

He further contended that the Appellant is in jail for the last 8 months and has already served substantial part of his sentence and since there is No. likelihood of this appeal being 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.

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 Shafiq, 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. 23 of 2011, u/s 8/20 of N.D.P.S. Act, Police Station Kotwali, District Pilibhit. 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 depositing Rs. 5000/- the realization of remaining amount of fine shall remain stayed during the pendency of the present appeal.