IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.809 of 2010
ASHOK PASWAN
Versus
STATE OF BIHAR
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03. 30.11. 2010 Heard the bail prayer of the appellant after
receipt of the L.C.R. The appellant stands convicted
under Section 22(b) of the N.D.P.S. Act and
sentenced to R.I. for seven years and fine of
Rs.10,000/-.
The allegation and evidence is that 50 gms
of heroin was recovered from the possession of the
appellant.
Learned counsel for the appellant submits
that the small quantity of heroin is 5 gms and the
commercial quantity is of 250 gms as per the table in
the N.D.P.S. Act. It is submitted that the quantity
was much below the commercial quantity. Learned
counsel also submits that punishment for small
quantity is six months only. Learned counsel also
submits that the appellant is in custody since
07.08.2006 and thus he has completed four years and
four months of incarceration.
In the circumstances, I do not feel inclined
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to allow bail to the appellant for the present. Hence,
bail prayer of the appellant is refused. However, if so
advised, the appellant may renew his prayer for bail
after completion of five years of incarceration if the
appeal is not heard within the period.
(C.M. Prasad, J.)
Mkr.