Bala Krishna Narayana, J.@mdashHeard learned Counsel for the Appellant and learned A.G.A. for the State.
2. the Appellant, Lala @ Bal Kishan, upon being convicted for the offence punishable u/s 20(B)(II) of N.D.P.S. Act (hereinafter referred to as the Act) and sentenced to undergo ten years rigorous imprisonment and fine of Rs. 1,00,000/- with default stipulation is seeking enlargement on bail during the pendency of this appeal.
3. Learned Counsel for the Appellant contended that the Appellant has been convicted for having found to be in possession of 2 kg and 400 gms charas. He next contended that as per prosecution case, nine pieces of charas packed in nine different packets were recovered from the bag which the Appellant was carrying by the police patrolling party on 17.3.2009 and a sample of 50 gms was drawn only from the one of the nine pieces and sent for chemical analyst. He next contended that the sample having not been drawn from the remaining eight pieces of offensive goods allegedly recovered from the possession of the Appellant the same could not be held to be charas on the basis of chemical analyst''s report of the sample which was drawn from one of the nine pieces recovered from the Appellant. Thus there is no evidence on record indicating that the remaining eight pieces of offensive goods recovered from the Appellant were also charas and hence the conviction of the Appellant and the sentence awarded to him on the finding that 2kg and 400 gms charas was recovered from his possession cannot be sustained. He next contended that the Appellant is in jail since 17.3.2009 and he has no criminal antecedents to his credit and further there being no likelihood of this appeal being heard in near future, the Appellant is entitled to be enlarged on bail during the pendency of this appeal. Per contra, learned A.G.A. opposed the prayer for bail.
4. After having very carefully considered the contentions advanced on behalf of the Appellant and perused the impugned judgment as well as the record of the Sessions Trial No. 38 of 2009, (State v. Lala @ Bal Kishan) u/s 18/20 of the Act, I am of the view that prima facie there is no reasonable ground for believing that the Appellant has committed the offence for which he has been convicted. There is also no material on record which may indicate that if the Appellant is enlarged on bail by this Court he will commit any other offence while on bail. In this view of the matter the Appellant is entitled to be released on bail during the pendency of this appeal.
5. Let the Appellant Lala @ Bal Kishan be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned in Sessions Trial No. 38 of 2009, (State v. Lala @ Bal Kishan) u/s 18/20 of the Act, P.S. Akabarpur, District Kanpur Dehat. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial Judge concerned to be kept on record of this Appeal.
6. Subject to the Appellant depositing a sum of Rs. 10,000/- before the court below within one month of his release, the recovery of remaining amount of fine shall remain stayed.
