Yassu Majila vs State Of Uttarakhand

Alok Kumar Verma, J

The present Criminal Appeal has been filed against the judgment dated 23.06.2022, passed by the learned District & Sessions Judge/Special Sessions Judge (N.D.P.S. Act), Bageshwar in Special Sessions Trial No.35 of 2019, “State vs. Yassu Majila”, by which, the appellant-Yassu Majila has been convicted and sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.50,000/- for the offence under Section 8 read with Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard Mr. Saurabh Kumar Pandey, the learned counsel for the appellant and Mr. Pratiroop Pandey, the learned A.G.A. for the State.

Admit.

Heard learned counsel for the parties on Bail Application (IA No.1 of 2022).

Mr. Saurabh Kumar Pandey, the learned counsel for the appellant, submitted that the appellant has been implicated in this matter; nothing was recovered from his possession; the alleged recovered Smack was 5.8 grams, which is non-commercial quantity; there was no independent witness in the proceedings of the alleged recovery; the appellant has no criminal history; he is a permanent resident of District Bageshwar; he was on bail during the trial and the conditions of the bail were neither misused nor violated by him. The learned counsel for the appellant further submitted that the appellant is on interim bail.

The learned counsel for the State opposed the bail application orally.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellant-Yassu Majila, provided he submits a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.

List this case on 12.09.2022.