Heard learned counsel for the appellant and the learned A.G.A. Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No.59/08, for offences under sections 8/20 NDPS Act and the maximum sentence awarded to him is five RI.
It is contended by learned counsel for the appellant that there was no public witness and section 50 of NDPS Act has not been complied with. It is further contended that the appellant was on bail during the trial and has not misused the liberty of bail and the appeal is not likely to be heard in near future. Learned AGA however endeavoured to support the judgment and refuted the arguments.
Looking to the period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellantRaju @ Vinit be enlarged on bail on his furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
The appellant is allowed one month time to deposit entire amount of fine awarded to him.
Order Date :- 29.6.2010 SKS/4051/10