High Court of Judicature at Allahabad
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Ravikaran Singh v. State Of U.P. - CRIMINAL APPEAL No. 574 of 2007  RD-AH 1636 (1 February 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Ravikaran Singh against the judgement and order dated 2.1.2007 passed by Addl. Sessions Judge, F.T.C. No. 1, Gorakhpur in Special Sessions Trial No. 76 of 2005 whereby the appellant has been found guilty and convicted under Section 8/20 N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment for one year and fine has also been imposed on him with default stipulation.
Heard learned counsel for the parties and perused the impugned judgement.
Appellant is on interim bail from the Trial Court and has also deposited the fine. He is alleged to have been found in possession of 1.3 Kilograms of Ganja. In view of Section 32 of N.D.P.S. Act and the law laid down in Dadu @ Tulsiram Vs. State of Maharashtra, Cr.L.J., 2002, page 3850, the Trial Court should not suspend the sentence after convicting the person under the provision of N,.D.P.S. Act. Learned Trial Court has erred in releasing the appellant on interim bail. It should be careful in future.
In the circumstances of the case, but without prejudice to the merits of the case, appellant be released on bail during pendency of this appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
He shall also give an undertaking that he will not indulge in any criminal or antisocial or drug trafficking activity and if any report is found against him, it shall be open for the Court below to report to this Court so that his bail may be cancelled.
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