Shiv Lal Verma vs Government of India

Shri Kant Tripathi, J.—The Appellant has been convicted and sentenced u/s 8/18 of Narcotic Drugs and Psychotropic Substances. Act, 1985 vide the judgment and order dated 05.05.2010 rendered in Criminal Case No. 118 of 2006, Government of India State v. Shiv Lal Verma by Additional Sessions Judge, Court No. 2, Varanasi and the maximum sentence imposed on him is of 7 years'' R.I.

Heard Mr. Sameer Jain for the Appellant and Mr. Sanjay Kumar Singh for the Respondent and perused the record.

Admit.

Summon lower court record.

Notice on behalf of the State-Respondent has already been accepted.

Mr. Sameer Jain submitted that the Appellant was on bail during the trial and never abused the same. He is presently in jail from 05.05.2010 and there is no prospect of the appeal being heard in near future due to heavy dockets. It was further submitted that conditions provided in Section 37(b) of the Narcotic Drugs and Psychotropic Substances. Act, 1985 are not attracted in this case. The conviction has been recorded u/s 18(c) of the aforesaid Act. It was further submitted that the sentence imposed on the Appellant is of 7 years'' R.I. only. It was next submitted that the land in which plantation had taken place does not belong to the Appellant nor he had any concern therewith.

Mr. Sanjay Kumar Singh for the Central Government, on the other hand, submitted that the Appellant was in possession of the plot in which the plantation had been done but it was in the ownership of his father.

Learned Counsel for the Appellant further submitted that the father of the Appellant has not been made accused.

Keeping in view the facts and circumstances of the case and submissions of the learned Counsel for the Appellant and the learned A.G.A, the Appellant Shiv lal Verma is bailed out during the pendency of the appeal in Criminal Case No. 118 of 2006, Government of India State v. Shiv Lal Verma, u/s 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. B.N.C.B., District Varanasi on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

(a) The Appellant shall attend the court according to the conditions of the bond executed by him;

(b) The Appellant shall not commit an offence similar to the offence of which he is accused;

(c) The Appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence,

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The realization of half of the fine shall remain stayed during pendency of the appeal, provided the Appellant deposit half of the fine within one month.

On acceptance of bail bond and personal bond, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record of this appeal.

Let the paper books be prepared.

List the appeal for hearing in due course.