The appellant Ayodha Prasad Giri has been found guilty and convicted by the learned lower court under sections 15/22 of NDPS Act and sentenced to 4 years' rigorous imprisonment with a fine of Rs.5,000/-. As per allegation he was found in his possession 14 kg. powder of poppy straw. Admittedly, this amount is much below the commercial limit prescribed under NDPS Act. The bail application has been opposed by the learned State Counsel.
I have heard learned counsel for the parties and perused the records. Considering all the aspects of the case and without expressing any opinion as to the merits of the case, I am of the view that the appellant Ayodha Prasad Giri should be released on bail.
Let the appellant Ayodha Prasad Giri convicted in S.T.No.69/2002 arising out of Case Crime No. 419/02, under Section 15/22 N.D.P.S. Act, Police Station Musafirkhana, district Sultanpur be released on bail pending appeal on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the court concerned. Realization of 50% of the amount of fine imposed upon the appellant shall remain stayed and remaining 50% fine shall be deposited by him with the lower court within a period of 30 days from the date of his release from the jail, failing which it shall be open to the lower court to cancel his bail bond and re-arrest him.
Order Date :- 12.1.2010 IA