Lalloo Lodhi vs State of U.P.

Barkat Ali Zaidi, J.—Accused-Appellant Lalloo Lodhi was charged and convicted u/s 20, N.D.P.S. Act in S.S.T. No. 21 of 2003, by judgment and order dated 29.6.2006, passed by Addl. Sessions Judge, Court No. 3, Mahoba and sentenced to 10 years R.I. plus fine Rs. 1,00,000 in default, further imprisonment for one year.

That is what brings the Appellant here in appeal.

Heard Sri Sanjeev Khare, counsel for the Appellant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.

The applicant was found reaping green ''ganja'' from his brother''s field, which according to the prosecution weighed 70 kgs. At the trial, the witness of weighment D.W. 1 Baladeen denied, that the ganja was weighed at the weighing machine. It seems, therefore, that there was rough assumption of quantity of ganja.

The counsel for the applicant has further pointed out that green ganja after it has dried up would have substantially reduced in weight, and is likely to be less than 20 kg., making below the commercial quantity.

In these circumstances, pending appeal he should be granted bail.

The execution of remaining jail sentence and realisation of fine amount shall remain suspended pending disposal of appeal and he be released on bail on his furnishing a personal bond of Rs. 20,000 with one surety in the like amount to the satisfaction of the trial court.