SAYEED Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Amit Daga, learned counsel for the appellant, learned AGA for the State on the question of bail and perused the record. It appears from the record that on 6. 3. 99 at 1. 30 p. m. the accused was arrested by the police from his house and 60 kgs. of poppy straw was recovered from his possession. He was tried and convicted under Section 8/15, N. D. P. S. Act and sentenced to undergo 10 years R. I. and a fine of Rs. 1,00,000/- and in default of payment of fine further imprisonment for 2 years. Mr. Daga argued that the sample which was received by the Public Analyst cannot be said to be that sample which is said to have been drawn at the time of alleged arrest and recovery. According to him, 250 gms. of contraband was taken as sample while in the Forensic Science Laboratory only 115 gms. was found in the sample. This shows that the sample received by the Public Analyst was not that one which is said to have been sealed at the time of alleged recovery. In view of the above argument, I do find it a case fit for the grant of bail to the appellant under Section 37, NDPS Act. Consequently, the application for bail is, hereby, allowed and the appellant Sayeed is directed to be released on bail during the pendency of appeal in Special Case No. 52/99 (crime no. 80/99), under Section 8/15, NDPS Act, P. S. Kairana, District Muzaffarnagar on his executing a personal bond of Rs. 20,000/- and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that till further orders of this Court the execution of sentence passed by the trial court shall remain suspended. .