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Than Singh vs State of U.P.

Allahabad High Court · Decided on 29 July 2010 · Citation: (2010) 07 AHC CK 0136

HON’BLE JUDGES
Bala Krishna Narayana, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 20, 50, 8
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Judgment

9 paragraphs · 367 words

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

2.

By means of this appeal, the appellant Than Singh upon conviction is seeking enlargement on bail during the pendency of the present appeal before this Court.

3.

The present criminal appeal has been filed against the Judgment and order of conviction dated 23.7.2010 passed by learned Additional Sessions Judge, F.T.C., Mahoba in Special Case No. 09 of 2009, State v. Than Singh arising out of Case Crime No. 1655/2008 convicting the appellant u/s 8/20 NDPS Act and sentencing him to undergo rigorous imprisonment of six months along with a fine of Rs. 5,000/- and in default in payment of fine to undergo further simple imprisonment of two months.

4.

It is contended by learned Counsel for the appellant that according to the prosecution 3 Kgs of Ganja is alleged to have been recovered from the possession of the appellant and that the mandatory provisions of Section 50 of the NDPS Act have not been complied with. It is further contented 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.

5.

Learned AGA did not raise any dispute to the contention of learned Counsel for the appellant.

6.

Admit.

7.

Summon the trial court records.

8.

Considering the facts and circumstances of the present case, and without expressing any opinion on the merits of the case, let the appellant Than Singh 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. 09 of 2009 State v. Than Singh in Case Crime No. 1655/2008 u/s 8/20 NDPS Act. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Judge concerned to be kept on record of this Appeal.

9.

Subject to the appellant depositing half of the amount within two months from today, the recovery of the remaining amount shall remain stayed.