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Smt. Ram Kumari @ Bitan Devi vs State of U.P.

Allahabad High Court · Decided on 26 September 2011 · Citation: (2011) 09 AHC CK 0203

HON’BLE JUDGES
Bala Krishna Narayana, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 2(7), 21, 50, 8
CASE NUMBER
Criminal Appeal No. 5630 of 2011
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Judgment

5 paragraphs · 344 words

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 17.9.2011 passed by learned Additional Sessions Judge, (Temporary Ex-Cadre Post)-IInd, District Fatehpur in Special Sessions Trial No. 169 of 2011, convicting the Appellant, u/s 8/21(b) of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of one year 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 20 grams charas is alleged to have been recovered from the possession of the Appellant which is below the commercial quantity as defined u/s 2(viia) of the N.D.P.S. Act and there was no compliance with the mandatory provisions of Section 50 of N.D.P.S. Act.

2.

He further contended that the Appellant has no criminal antecedents to her credit and she was on bail during the pendency of the trial and she has not misused the liberty of bail during trial. It is next contended that this appeal is not likely to be heard in near future, thus the Appellant is entitled to be enlarged on bail during the pendency of this appeal.

3.

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

4.

Admit.

5.

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 Smt. Ram Kumari @ Bitan Devi 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. 16 of 2011, u/s 8/21(b) of N.D.P.S. Act, Police Station Ghazipur, District Fatehpur. 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 50% of fine shall remain stayed during the pendency of the present appeal.