Kishan Pal vs State Of U.P.
2016 Latest Caselaw 4657 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL APPEAL No. - 1283 of 2016
 

 
Appellant :- Kishan Pal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Radhey Shyam Yadav
 
Counsel for Respondent :- G.A. 
 
Hon'ble Abhai Kumar,J.

Learned counsel for the appellant is present.

Counter affidavit has already been filed by the State.

Heard.

Considered the prayer for bail and perused the record.

The appellant has been convicted under Section 22 (b) of N.D.P.S. Act, whereby accused-appellant was sentenced for five years rigorous imprisonment alongwith a fine of Rs. 10,000/- and in default of payment of fine, three months further rigorous imprisonment.

It is submitted by the learned counsel of the accused-appellant that only 300 grams power of Nitrazepam has been recovered from the possession of accused-appellant and the commercial quantity thereof is 500 grams.

He has further submitted that accused-appellant has no criminal history and he was on bail during the trial and has not misused the liberty of bail.

The judgment by the trial court was delivered on 01.03.2015, but on that date the appellant was absent. Oder for issuing non-bailable warrant was passed by the trial court against the accused-applicant ?  Kishan Pal and Shyamu and notices were also issued to the sureties of accused. From the judgment it can be inferred that on 05.03.2016 the date fixed for hearing upon the point of punishment, accused persons were present in custody. It is not clear whether they appeared before the court themselves or were arrested and produced before the court.

In the circumstances, further counter affidavit on behalf of the State is required and also from the side of appellant whether the accused-appellant produced himself before the court on the date 05.03.2016 or he was produced by the police.

Counter affidavit may be filed by the State within four weeks.

List immediately thereafter.

Order Date :- 29.07.2016.

Vinod.