Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.
This appeal has been filed under section 374 (ii) Cr.P.C. against the judgment and order dated 28.04.2013 passed by Additional Sessions Judge, Court No. 4, Faizabad, whereby the appellant has been convicted under Section 8/21/22 N.D.P.S. Act for a period of 10 years R.I. and fine of Rs. 1,00,000/-, in default, he has been further awarded one year additional imprisonment.
Learned counsel for the appellant submits that there is no compliance of mandatory provision of section 50 of N.D.P.S. Act and so many technical defects in the case but the learned trial court has not given due weight to them.
Learned A.G.A. has opposed the above submissions.
Considering the rival submissions made by learned counsel for the parties and facts and circumstances of the case, I am of the view that the matter requires re-consideration by this Court.
Admit.
Learned A.G.A. has put in appearance for the State, hence, no need to issue notice.
List this appeal for hearing on 4th July, 2014. In the meanwhile, lower court record be summoned through District Judge, Faizabad within a period of two weeks from today through Special Messenger.
Order Date :- 9.6.2014 Monika