UNION OF INDIA Vs. MAHABOOB ALAM

JUDGEMENT

(1.) Leave granted.

(2.) The respondent herein was convicted by the Special Judge, N.D.P.S. Court, Lucknow, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act) and since he was a previous offender, the Court awarded him the enhanced punishment provided under Section 31 of the Act and he was sentenced to undergo RI for 15 years with a fine of Rs. 1,50,000; in default to undergo RI for an additional period of 2 years. It is to be noted that the respondent herein was accused No. 2 in the said case before the trial Court while A-1 being a first offender was sentenced under Section 21 of the Act to undergo RI for 10 years with a fine of Rs. 1 lac; in default of payment of fine he was sentenced to undergo RI for an additional period of 11/2 years.

(3.) The High Court while entertaining an appeal against the said judgment and conviction filed by the respondent herein, did not grant the respondent's prayer for bail, consequently the said application for bail was rejected on 9-7-2002. On a second application filed by the respondent for grant of bail, the High Court allowed the said application by the impugned order dated 4-3-2003 solely on the ground that A-1 from whom the contraband was recovered, was released on bail and the contraband in question was not recovered from the respondent. From the impugned judgment we notice that the High Court did not advert to any other aspect of the case nor to the legal restriction imposed by the statute under Section 32-A of the Act.