MAHESH 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 30.8.2011 passed by learned Additional Sessions Judge, Court No. 6, District Pilibhit in Sessions Trial No. 36 of 2010, convicting the Appellant, under Section 9/15 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of two years together a fine of Rs. 2000/ - and in default in payment of fine to undergo further simple imprisonment of three months.

(2.) IT is contended by Learned Counsel for the Appellant that 5 kg of Poppy Straw Powder 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.) HE further contended that the applicant has no criminal antecedents to his credit and he 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 this appeal is not likely to be heard in near future, thus the Appellant is entitled to be enlarged on bail during the pendency of this appeal.