Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the appellant and learned A.G.A.
(2.) THE present criminal appeal has been filed against the Judgment and order of conviction dated 15.09.2010 passed by learned Additional Sessions Judge, Court No. 8, District Moradabad, in Special Sessions Trial No. 706 of 2009, (State v. Jameel Ahmad) arising out of case crime No. 706 of 2008, P.S. G.R.P. District Moradabad whereby sentencing the appellant, under Section of N.D.P.S. Act to undergo rigorous imprisonment of 5 years along with fine of Rs. 50,000/ - and in default in payment of fine, one month further imprisonment. It is contended by learned Counsel for the appellant that 600 grams of charas is alleged to have been recovered from the possession of the appellant which is below the commercial quantity and that the mandatory provisions of the N.D.P.S. Act have not been complied with. It is further contended that the appellant was on bail during the pendency of the trial and he has not misused the liberty of bail during trial. It is next contended that the appeal is not likely to be heard in near future.
(3.) LEARNED A.G.A. did not raise any dispute to the contention of learned Counsel for the appellant.;