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 of conviction dated 10.08.2009 passed by learned Additional Sessions Judge, Court No.9, Varanasi in Special Criminal Case No. 110 of 2006, under Section 8/21 N.D.P.S. Act, Police Station Cannt. District Varanasi to undergo for rigorous imprisonment of five years and fine of Rs. 50,000/- and in detault in payment of fine to further undergo for simple imprisonment of one and a half year.
It is contended by learned counsel for the appellant that 240 grams of heroin is said to have been recovered from the possession of the appellant and 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, the appellant was on bail during the pendency of the trial and he has not misused the liberty of bail. It is next contended that the co-accused Altaf Babu and Pappu have already been released on bail on 07.01.2010 and 13.01.2008 respectively, vide their Criminal Appeal No. 8300 of 2009 and 4976 of 2009, copies of which, have been produced before this Court, which is taken on record.
Considering the facts and circumstances of the case, let the appellant Tahir Zamal, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned/below in Special Sessions Trial No. 110 of 2006, under Section 8/21 N.D.P.S. Act, Police Station Cant. District Varanasi.
Realization of fine shall remain stayed during the pendency of the present appeal.
Order Date :- 27.1.2010 S.Ali