Mahesh vs State of U.P.

Bala Krishna Narayana, J.—Heard Learned Counsel for the Appellant and learned A.G.A. The present criminal appeal has been filed by the Appellant against the judgment and order dated 30.8.2011 passed by learned Additional Sessions Judge, Court No. 6, District Pilibhit in Sessions Trial No. 36 of 2010, convicting the Appellant, u/s 9/15 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of two years together a fine of Rs. 2000/- and in default in payment of fine to undergo further simple imprisonment of three months.

It is contended by Learned Counsel for the Appellant that 5 kg of Poppy Straw Powder is alleged to have been recovered from the possession of the Appellant which is below the commercial quantity as defined u/s 2(viia) of the N.D.P.S. Act and there was no compliance with the mandatory provisions of Section 50 of N.D.P.S. Act.

He also submitted that the weight of the sample drawn from the contraband article recovered from the possession of the Appellant was 50 gm but the chemical analyst found the weight of sample to be 242 gm and the prosecution having failed to explained this discrepancy there is a very strong suspicion that the sample which was drawn was not sent for chemical analysis.

He further contended that the applicant has no criminal antecedents to his credit and he was on bail during the pendency of the trial and he has not misused the liberty of bail during trial. It is next contended that this appeal is not likely to be heard in near future, thus the Appellant is entitled to be enlarged on bail during the pendency of this appeal.

Learned A.G.A. opposed the prayer for bail.

Admit.

Summon the trial Court records.

Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, let the Appellant Mahesh 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 Sessions Trial No. 36 of 2010, u/s 9/15 of N.D.P.S. Act, Police Station Madhotanda, District Pilibhit. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial Judge concerned to be kept on record of this Appeal.

Realization of 50% of fine shall remain stayed during the pendency of the present appeal.