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Judgment
Heard on I.A. No.1776/2020. This is second application filed under Section 389(1) of the Code of Criminal Procedure. The first application was dismissed by this Court by order dated 10.01.2020 on merits.
Learned counsel for the appellant submits that this second application has been filed on the ground that the learned trial Court failed to consider the mandatory provision of Sections 42(2), 52, 55 & 57 of the NDPS Act and drawn the attention of this Court towards the case law of Thandi Ram vs. State of Haryana, 1999 AIR SCW 468.
Having heard both the counsel.
The appellant stands convicted for the offence punishable under Section 8 read with Section 20(b)(II)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R.I. for 16 months and fine in the sum of Rs.15000/- with default stipulation.
The case of the prosecution is that appellant is having found to be in possession of 2 kg 'Ganja' carrying on motorcycle along with one pillion rider.
Perused the judgment of the trial Court. Learned trial Court discussed the ambit and scope of Sections 55 and 57 and based its judgment on the basis of case laws. This Court is not inclined to discuss the merits at this stage. If appellant is having strong case he may argue it finally after Lockdown when normally the Court resumes. The first application was dismissed vide order dated 10.01.2020. This Court finds no change in circumstances for giving benefit of bail to the appellant.
Perused the case law of Thandi Ram(supra). Hon'ble Apex Court was not satisfied with the finding of the High Court, allowed the appeal and acquitted the appellant. The appellant can submit that case law at the time of final arguments.
Consequently, I.A. No.1776/2020 is dismissed.
Office is directed to list this case for final arguments when the Court resumes normal work because the appellant is in jail.