Ghanshayam vs State Of Uttarakhand

Alok Kumar Verma, J

Present Criminal Appeal has been filed against the judgment dated 28.06.2023/30.06.2023, passed by learned Special Judge (NDPS Act)/IInd Additional District Judge, Rishikesh, District Dehradun in Special Sessions Trial No.84 of 2016, “State vs. Ghanshayam”, by which, appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs. 10,000/- under Section 8 read with Section 15 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

Admit.

List on 12.12.2023.

Heard on the Bail Application No.01 of 2023.

Mr. Abhishek Grover, Advocate, submits that the provisions of the said Act, 1985 were not followed and nothing was recovered from the possession of the appellant. Therefore, there are substantial doubt about the conviction. Appellant was on bail during the trial and the conditions of bail were never misused by him. He is on interim bail, granted by the Trial Court.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellant Ghanshayam, provided he submits a personal bond and two reliable sureties of the same amount to the satisfaction of the court concerned.

Bail Application is allowed accordingly.