AZARUDDIN ALIAS AJJU Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and learned A.G.A. The present criminal appeal has been filed by the Appellant against the judgment and order dated 5.4.2011 passed by learned Additional Sessions Judge, Court No. 2, District Etawah in Special Case No. 9 of 2007, convicting the Appellant, under Section 21/22 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of seven years together a fine of Rs. 20,000/ - and in default in payment of fine to undergo further rigorous imprisonment of one year.

(2.) IT is contended by learned Counsel for the Appellant that 200 grams of heroine is alleged to have been recovered from the possession of the Appellant which is below the commercial quantity as defined under Section 2 (viia) of the N.D.P.S. Act and there was no compliance with the mandatory provisions of Section 50 of N.D.P.S. Act.

(3.) LEARNED A.G.A. opposed the prayer for bail on the ground that apart from this case the applicant is involved in two other criminal cases under Section 392, 411 I.P.C. and Section 2/3 of Cow Slaughter Act. However, he does not dispute the fact that the Appellant is not involved any other case under the N.D.P.S. Act. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, let the Appellant Azaruddin @ Ajju 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 in Criminal Case No. 9 of 2007, under Section 21/22 of N.D.P.S. Act, Police Station Kotwali, District Etawah. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial Judge concerned to be kept on record of this Appeal. Subject to the Appellant depositing Rs. 5,000/ -realization of remaining amount of fine shall remain stayed during the pendency of the present appeal.