RAJU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and learned AGA.

(2.) The present criminal appeal has been filed against the judgment and order of conviction dated 23.07.2010 passed by learned Additional Sessions Judge, F.T.C. No. 2, Ghaziabad convicting the Appellant in S.T. No. 801 of 2009 (State v/s. Sanjay Sharma and others) & S.T. No. 100 of 2009, (State v/s. Raju) convicting and sentencing the Appellant under Sec. IPC for 7 years Rigorous Imprisonment, Sec. / of Arms Act for imprisonment and under Sec. / NDPS Act for fifteen years rigorous imprisonment along with a fine of Rs. 1,50,000/ -and in default in payment of fine to undergo further additional imprisonment of three years.

(3.) It is contended by learned Counsel for the Appellant that one Kg of Charas is alleged to have been recovered form the possession of the Appellant which is below the commercial quantity and that the mandatory provisions of Sec. of the NDPS Act have not been complied with. It is further contented that the Appellant was on bail during the pendency of the trial and he has not misused the liberty of bail during trial. It is next contended that the appeal is not likely to be heard in near future.