This is an application for correction of the order dated 18.9.2009, passed byHon'ble Sri Kant Tripathi,J.
Since Hon'ble Sri Kant Tripathi,J. is not available, this file was sent to this Bench under the order of Hon'ble Senior Judge vide order dated 12.1.2010.
This application for correction pertains to Criminal Trial No. 82 of 2004 arising out of Crime No.16 of 2004 under Section 8/21 N.D.P.S. Act,, Police Station Tikaitnagar, Barabanki which was wrongly transcribed in Criminal Appeal No. 2225 of 2009 which pertains to the offence punishable under Sections 328,379 and 411 I.P.C.
Heard learned counsel for the appellant, learned A.G.A. and perused the record of the case.
It appears that instead of Criminal Trial No. 82 of 2004( Crime No. 16 of 2004), S.T.No. 71 of 2005 (Crime No. 18 of 2004) was wrongly written and order granting bail in N.D.P.S. Act was wrongly transcribed in Criminal Appeal No. 2125 of 2009 ,which requires correction.
Let Criminal Trial No. 82 of 2004( Crime No. 16 of 2004) be substituted in place of Session Trial No. 71 of 2005( Crime No. 18 of 2004) on the record of Criminal Appeal No. 2227 of 2009.
The application for correction is accordingly allowed.
This is an amended order dated 18.9.2009, passed in Criminal Appeal No.2225 of 2009, passed by Hon'ble Shri Kant,J. In pursuance of order passed today after nomination of this Bench by Hon'ble Senior Judge in correction application no.122481 of 2009. " Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant and the learned A.G.A. for the State and perused the impugned judgment and order.
The appellant has preferred this appeal against the impugned judgment and order dated 28.7. 2009 passed by the learned Additional Sessions Judge, Court No. 8,Barabanki in Criminal Trial No. 82 of 2004 arising out of crime no.16 of 2004, Police Station Tikait Nagar, district Barabanki whereby the appellant has been convicted and sentenced under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act,1985. The maximum sentence imposed on the applicant is five years under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Admit. Summon the lower court record.
The learned counsel for the applicant submitted that the appellant was on bail during the trial and never misused the same. It was further submitted that the applicant was found in possession of morphine which was found on analysis less than the commercial quantity. No public witness was examined during the trial to prove the recovery. It was further submitted that there is no prospect of the appeal being heard in near future due to heavy dockets.
Keeping in view the entire facts and circumstances of the case and submissions of the learned counsel for the appellant, let the appellant Mukesh Kumar Kaushal be released on bail in Criminal Trial No. 82 of 2004 arising out of crime no. 16 of 2004, Police Station Tikait Nagar, District Barabanki under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act,1985 on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The realization of fine shall remain stayed during pendency of the appeal, provided the appellant deposits half of fine within one month.
On acceptance of the bail bonds 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 final hearing in due course." 1.2.2010/Tripathi