Makhan Lal 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 against the judgment and order dated 4.9.2010 passed by learned Additional Sessions Judge (Court No. 2)/ Special Judge, Pilibhit in Special Trial No. 133 of 2008 (State v. Makhan Lal) u/s 8/20 of N.D.P.S. Act, convicting and sentencing him to undergo rigorous imprisonment of 10 years along with a fine of Rs. One lac and in default in payment of fine to undergo further simple imprisonment of one year.

It is contended by learned Counsel for the Appellant that 1 kg of Charas is alleged to have been recovered from the possession of the Appellant which cannot be treated to be commercial quantity and thus the rigours of Section 37(1)(b) of the N.D.P.S. Act are not attracted to the present case.

In support of his contention, learned Counsel for the Appellant has drawn attention of the to Section 2(vii)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which defines commercial quantity as quantity greater than the quantity specified by the Central Gvernment by the notification in the official gazette. Admittedly, in the official gazette, 1 kg has been specified and, therefore, up to 1 kg narcotic or psychotropic substances i.e. Charas in the present case cannot be treated as commercial quantity.

He further contended that the applicant has no criminal antecedent in his credit and that he was on bail during the pendency of the trial and he has not misused the liberty of bail during trial.

Per contra learned A.G.A. opposed the bail prayer.

However, he has not disputed the fact that the quantity of Charas recovered from the possession of the Appellant is below the commercial quantity as defined u/s 2(vii)(a) of the N.D.P.S. Act and the fact that the Appellant who has on bail during the pendency of the trial did not misuse the liberty of the bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, let the Appellant Makhan Lal, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in Special Trial No. 133 of 2008 (State v. Makhan Lal) u/s 8/20 of N.D.P.S. Act, P.S. Beesalpur, District Pilibhit.

In case Appellant deposits 1/4 of the amount of fine remaining amount shall remain stayed. In case of default, this order shall automatically stand vacated.