Court No. - 49 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4879 of 2010 Petitioner :- Alim Respondent :- State Of U.P. Petitioner Counsel :- Surya Mani Pandeya Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the appellant and the learned AGA.
The present criminal appeal has been filed against the judgment and
order of conviction dated 5.6.2010 passed by learned Additional
Sessions Judge, Fast Track .Court No. 3,)Farrukhabad , convicting
and sentencing the appellant in Special Case No. 29 of 2008 Case
Crime No.638 of 2007,under Section 21/22 NDPS Act Police
Station Shamsabad, District Farrukhabad to undergo rigorous
imprisonment of one year along with a fine of Rs. 1000/(One
thousand) – and in default in payment of fine to undergo further
simple RI of one month.
Heard Sri Chandrajeet Singh learned counsel for the appellant.
It is contended by learned counsel for the appellant that fifty Puriyas
of smack powder is alleged to have been recovered from the
possession of the appellant which were not weighed. It has next
been contended that there was no compliance of the mandatory
requirement of the provisions of Section 50 of the NDPS Act .
It has next been contended that that the applicant who was on
interim bail during the trial and there is no instance of misuse of
liberty of bail granted to him and the apellant has no criminal
history to his credit is entitled to be enlarged on bail.
It is next contended that the appeal is not likely to be heard in near
future.
Learned AGA did not dispute the aforesaid factual aspect of the
matter but vehemently opposed the prayer for bail.
Summon the trial court records.
Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, let the appellant
Alim 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. 29 of 2008 Case Crime
No.638 of 2007,under Section 21/22 NDPS Act Police Station
Shamsabad, District Farrukhabad . 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.
The realization of fine shall remain stayed during the pendency of
the present
appeal .
Dt.30.7.2010
cps