CRLA/537/2023
2023 Latest Caselaw 2487 UK

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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                 CRLA No.537 of 2023
                                 with
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Vijay Kumar Chauhan, learned counsel for the appellant/applicant.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

The instant criminal appeal has been preferred by the appellant, who is a convict, for commission of offence under Sections 8/20 of the N.D.P.S. Act, as determined by the judgment of 24.07.2023, as rendered in SST No.10 of 2018, "State Vs. Mange Ram".

Admit the appeal.

Summon the lower court's records. List as soon as the records of the Court below are received.

Learned counsel for the applicant presses the bail application, on the ground, that the appellant was on bail during the course of trial and he was granted bail on 13.11.2017 and has never misused the same, coupled with the fact, that he submits that he is not carrying any criminal history, and apart from that, the quantum of recovery made from him is more than the minimum quantity but less than the commercial quantity. Besides this, he submits that there was an apparent non-compliance of provisions of Section 50 of the N.D.P.S. Act and the testimony of the witnesses, who have appeared on behalf of the prosecution, have not been appropriately appreciated by the learned trial Court and yet the same resulted into judgment of conviction.

Having considered the three vital facts, that he has no criminal history; and that he was on bail during the course of trial and he has never misused the same, coupled with the fact, that the recovery of the contraband was above the minimum quantity but lesser the commercial quantity; and he submits that the procedure, as prescribed under Section 50 of the N.D.P.S. Act, was not followed, the applicant is directed to be released on bail, subject to his furnishing of personal bond and two sureties in the like amount to the satisfaction of the Court concerned.

(Sharad Kumar Sharma, J.) 24.08.2023 Sukhbant