Court No. - 49 Case :- CRIMINAL APPEAL No. - 7061 of 2008 Petitioner :- Mohd. Shabbir & Another Respondent :- State Of U.P. Petitioner Counsel :- N.I. Jafri Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Upon conviction the appellants are seeking enlargement on bail during the
pendency of the appeal.
Heard Sri NI Jafri assisted by Sri RB Singh.
It is contended by learned counsel for the appellant that Two and half
kilograms of Charas contained in eight packets was allegedly recovered form
the possession of the appellants and that the samples were taken from each of
the packet but the record shows that only two samples of 80 Grams each were
sent for chemical examination and thus the possibility of the samples which
were actually taken from the contraband article allegedly recovered from the
possession of the appellant having not been sent to the chemical analyst , can
not be ruled out. Thre is also no evidence on record that the entire quantity of
substance which was recovered from the possession of the appellants were
contraband articles. It has next been contended that there was no compliance
of the mandatory requirement of the provisions of Section 50 of the NDPS
Act and the findings recorded to the contrary in this regard in the judgement is
totally perverse.
It has next been contended that that the applicants who are in jail for more
than five years have served substantial part of their sentence and having no
criminal history to their credit are entitled to be enlarged on bail.
It is also contended that the appeal is not likely to be heard in near future.
The prayer for bail has been vehemently opposed by learned AGA.
Considering the the submissions made by learned counsel for the appellants
and without expressing any opinion on the merits of the case, let the
appellants Mohammad Shabbir alias Shabir and Sazid be released on bail on
their furnishing a personal bond and two local sureties each of the like amount
to the satisfaction of the court concerned in Case No. 28 of 2006 State Vs
Sazod and Case No.27 of 2006, State Vs Shabir, Crime No.17 of 2006,under
Section 20(Kha)(ii)(c) NDPS Act (State Vs Shabir alias Shabbir . 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.
In case the appellants deposit 25% of the fine amount, the realization of fine
shall remain stayed during the pendency of the present
appeal .
Order Date :- 6.7.2010
cps