Allahabad High Court
Shahid @ Seva vs State Of U.P. on 19 May, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL APPEAL No. - 3208 of 2022 Appellant :- Shahid @ Seva Respondent :- State of U.P. Counsel for Appellant :- Ram Raj Pandey Counsel for Respondent :- G.A. Hon'ble Samit Gopal,J.
Order on Appeal Heard Sri Ram Raj Pandey, learned counsel for the appellant and Sri S.B. Maurya, learned counsel for the State and perused the material on record.
Admit.
Summon the lower court record.
Order on Criminal Misc. Suspension of Sentence No. 01 of 2022 This appeal has been filed against the judgement and order dated 26.04.2022 passed by the Additional Session Judge / Fast Track Court No.2 / Special Judge N.D.P.S. Act, Baghpat in Special Sessions Trial No. 02 of 2013 arising out of Crime No. 804 of 2012, under Section 18/20 N.D.P.S. Act, Police Station Baghpat, District Baghpat (State vs. Shahid @ Seva), convicting and sentencing the appellant under Section 18/20 N.D.P.S. Act for 02 years rigorous imprisonment & fine of Rs. 20,000/- and in default of payment of fine further 02 months simple imprisonment.
Learned counsel for the appellant argued that the appellant has been falsely implicated in the present case. It is argued that as per the prosecution case, the appellant was found to be in possession of 300 grams charas which was kept in his right pocket of his pant in a polythene which was recovered. It is argued that there is no public or independent witness for the said recovery. It is further argued that the informer informed the police of a person doing business of charas after which police searched the appellant and found that he was also involved in gambling but there has been no prosecution lodged in so far as gambling is concerned even though the police has shown the appellant being involved in gambling. It is further argued that although 50 grams of the alleged charas is said to have been sent for chemical analysis but the chemical analyst has received 55 grams as is evident from his report. It is further argued that the appellant was on bail during trial and has not misused the liberty of bail granted to him. He has been convicted for 02 years imprisonment. The appellant has no criminal history as stated in para 25 of the affidavit. It is further argued that there are no chances of early hearing of the appeal. It is argued that the commercial quantity of charas is one kg and the amount recovered is much lesser than the commercial quantity.
Per contra, learned counsel for the State has opposed the prayer for bail.
After having heard the learned counsel for the parties and perusing the record, it is evident that the appellant has no criminal history. There is no public and independent witness to the said recovery. The material as alleged to have been recovered was weighed, 50 grams was packed and sent to the chemical analyst but 55 grams was received by him.
Let the appellant- Shahid @ Seva, convicted and sentenced in Special Sessions Trial No. 02 of 2013 arising out of Crime No. 804 of 2012, under Section 18/20 N.D.P.S. Act, Police Station Baghpat, District Baghpat (State vs. Shahid @ Seva), be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
It is clarified that realization of fine is not stayed.
Order Date :- 19.5.2022 AS Rathore (Samit Gopal,J.)