Court No. - 49 Case :- CRIMINAL APPEAL No. - 518 of 2010 Petitioner :- Ramayan @ Ram Narayan Respondent :- State Of U.P. Petitioner Counsel :- Kamlesh Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the appellant and learned A.G.A. for the State
respondent.
The present appeal has been filed against the judgment and order dated
26.11.2009 passed by Special Judge (E.C. Act), court no.5, Deoria in criminal
case no. 39 of 1996 (case crime no. 15 of 1996), convicting and sentencing
the appellant 2-1/2 years R.I. and fine of Rs. 20,000/- under Section 20-B(2)
(b) of N.D.P.S. Act.
It is contended by the learned counsel for the appellant that the mandatory
provisions of the N.D.P.S. Act have not been complied with. It is also
contended that the appellant was on bail during trial and has not misused the
liberty of bail, therefore, he is entitled to be released on bail.
Admit.
Issue notice.
Summon the trial court record at an early date.
Considering the facts and circumstances of the case and without expressing
any opinion on the merit of the case, let the appellant Ramayan alias Ram
Narayan be released on bail on his furnishing a personal bond and two local
sureties each of the like amount to the satisfaction of court concerned in
criminal case no. 39 of 1996. Realization of fine shall be kept in abeyance
during pendency of this appeal.
Order Date :- 3.2.2010
Ashish