Court No. - 8 Case :- CRIMINAL APPEAL No. - 1811 of 2010 Petitioner :- Bhikhari Lal Respondent :- State Of U.P. Petitioner Counsel :- Rashid Ahmad,A.K. Tewari Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant and learned AGA and perused the
impugned judgement passed in Special Sessions Trial No. 1151 of 2009 (State
v Bhikhari Lal) arising out of Crime No. 729 of 2009, under Sections 8/21 of
the Narcotic Drugs & Psychotropic Substances Act, P.S. Safdarganj, District
Barabanki.
Admit. Summon lower court record.
Learned counsel for the appellant submitted that the recovered quantity of
Morphene was less than the commercial quantity and no public witness was
called by the Police at the time of the recovery. He further submitted that the
appellant has no criminal history except one case, in which he has already
been acquitted.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned AGA, the
appellant .Bhikhari Lal is bailed out during the pendency of the appeal in the
aforesaid Sessions Trial on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the
appeal, provided the appellant deposits half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall
transmit photo state copies thereof to this Court for being kept on the record
of this appeal.
Let the paper books be prepared.
List the appeal for hearing in due course.
Order Date :- 8.7.2010
shailesh