Court No. - 49 Case :- CRIMINAL APPEAL No. - 6973 of 2009 Petitioner :- Nanhe Respondent :- State Of U.P. Petitioner Counsel :- P.C. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the appellant and the learned AGA for the State-
respondent.
The present criminal appeal has been filed against the Judgment and order
dated 15.10.2009, passed by Additional Sessions Judge/Fast Track Court
No.2, District Rampur, in Sessions Trial No.249 of 2004, under Section 8/20
of the NDPS Act sentencing the appellant to undergo imprisonment of 4 years
and fine of Rs.30,000/-.
Admit.
Summon the lower Court record at an early date.
It is contended by the learned counsel for the appellant that the mandatory
provisions of the NDPS Act has not been complied with and the appellant was
on bail during trial and he has not been misused the liberty of bail.
Considering the facts and circumstances of the case as well as submissions of
the learned counsel for the parties and without expressing any opinion on the
merits of the case, let the appellant, Nanhe, involved in case crime no.553 of
2004, under Section 8/20 of NDPS Act, in Sessions Trial No.249 of 2004, 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.
Realization of fine shall remain stayed during pendency of the appeal.
Order Date :- 2.2.2010
Hasnain