ZUBER Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant Zuber who has been convicted for offences under Sec. 21C read with Ss. and of N.D.P.S. Act and sentenced to undergo rigorous imprisonment of 12 years R.I. and 10 years R.I. on both counts with a fine of (') 1,00,000 (One lac) on each counts and in default of payment of fine further undergo three years' rigorous imprisonment on each counts by the judgment and order dated 27.5.2007, passed by the Additional District and Sessions Judge, Court No. 14, Varanasi is seeking enlargement on bail during the pendency of the appeal.

(2.) The prayer for being enlarged on bail by the appellants of Criminal Appeal Nos. 4118 and 4119 of 2006, Fahim and Moinuddin as well as Hafiz Afjal, Tayyab and Akeel alias Mannu alias Manne which arise out of the same judgment as Criminal Appeal No. 4117 of 2006 is also being considered simultaneously.

(3.) Heard Sri D. S. Misra and Sri A. P. Misra, Learned Counsel for the appellants and Sri I. P. Singh and Sanjay Kumar Singh for the Central Bureau of Narcotics and the Union of India and perused the impugned judgment as well as the record of the Criminal Case No. 162C of 1996. Eschewing the necessary details the facts necessary for consideration of the prayer for bail are catapulted hereinbelow :