Heard learned counsel for the appellant and learned A.G.A. for the State.
The present criminal appeal has been filed against the Judgement and order dated 07.09.2009 passed by learned Additional Sessions Judge Court No.9, Ghaziabad whereby convicting and sentencing the appellant in Sessions Trial No. 95 of 2006, under Section 18/20 N.D.P.S. Act, Police Station Hapur Nagar, District Ghaziabad to undergo rigorous imprisonment of 5 years and a fine of Rs. 10,000/- and in default in payment of fine to further undergo additional imprisonment of six months.
It is contended by learned counsel for the appellant that 20 grams of smack is said to have been recovered from the possession of the appellant, which is much below the commercial quantity. It is further contended that there is no compliance of mandatory provisions of the N.D.P.S. Act. It is further contended that the sentence awarded to the appellant is of five years and the appellant was on bail during the pendency of the trial and he has not misused the liberty of bail.
Considering the facts and circumstances of the case, let the appellant Jamat Ilahi be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the Court concerned below in the aforesaid case.
Realization of fine shall remain stayed during the pendency of the present appeal.
Order Date :- 25.1.2010 shailesh