CRLA/198/2022
2022 Latest Caselaw 1775 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                     14TH JUNE, 2022

             CRIMINAL APPEAL NO. 198 of 2022


Between:

Sanjay Sharma.                                 ...Appellant

and

State of Uttarakhand.                        ...Respondent

Counsel for the Appellant   : Mr. Gaurav Singh.

Counsel for the State       : Mr. S.S. Adhikari, learned
                              Deputy Advocate General
                              assisted by Mr. Balvinder
                              Singh, learned Brief Holder
                              for the State.


Hon'ble Alok Kumar Verma,J.

The present Criminal Appeal has been filed

against the judgment dated 12.05.2022, passed by the

Special Judge N.D.P.S. Act, Haridwar, in Special Sessions

Trial No.07 of 2017, "State of Uttarakhand vs. Sanjay

Sharma", whereby, the appellant-Sanjay Sharma has been

convicted for the offence under Section 8/20 of the

Narcotic Drugs and Psychotropic Substances Act, 1985

(hereinafter referred to as, "the Act, 1985") and has been

sentenced to undergo rigorous imprisonment for a period

of three years along with a fine of Rs.20,000/- under

Section 20(b)(ii)(B) of the said Act, 1985. In default of

payment of fine, the appellant has been directed to

undergo further additional rigorous imprisonment for a

period of three months.

2. Heard Mr. Gaurav Singh, the learned counsel for

the appellant and Mr. S.S. Adhikari, the learned Deputy

Advocate General assisted by Mr. Balvinder Singh, the

learned Brief Holder for the State.

3. The appeal is admitted.

4. Heard on the Bail Application No.1 of 2022.

5. Mr. Gaurav Singh, the learned counsel

appearing for the appellant, submitted that these are

substantial doubt about the conviction; the appellant was

on bail during the trial and the conditions of bail were

neither misused nor violated by the appellant, and, the

appellant is on interim bail.

6. Mr. S.S. Adhikari, the learned Deputy Advocate

General for the State, opposed the bail application.

However, he fairly conceded that the appellant was on bail

during the trial and the conditions of bail were neither

violated nor misused by the appellant.

7. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant

Sanjay Sharma, provided he submits a personal bond and

two reliable sureties of the same amount to the

satisfaction of the court concerned.

__________________ ALOK KUMAR VERMA, J.

Dt: 14th June, 2022 Neha