SADDAM 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 3.9.2011 passed by learned Additional District & Sessions Judge, Court No. 9, District Bijnor in Sessions Trial No. 55 of 2010, convicting the Appellant, under Section 8/20 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of two years together a fine of Rs. 5000/ - and in default in payment of fine to undergo further simple imprisonment of six months.

(2.) IT is contended by Learned Counsel for the Appellant that 500 grams of charas 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.