Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the appellant and learned AGA.
(2.) THE present criminal appeal has been filed against the judgment and order of conviction dated 17.6.2010 passed by learned Additional Sessions Judge, F.T.C. No. 5, Pilibhit in S.S.T. No. 54 of 2007, convicting the appellant in Case Crime No. 938 of 2007 State v. Begraj under Section / NDPS Act and sentencing him to undergo rigorous imprisonment of 4 years along with a fine of Rs. 1000/ - and in default in payment of fine to undergo further simple imprisonment of one month. It is contended by learned Counsel for the appellant that 120 gms of Charas powder is alleged to have been recovered form the possession of the appellant which is below the commercial quantity and that the mandatory provisions of the NDPS Act has not been complied with. It is further contented 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 AGA did not raise any dispute to the contention of learned Counsel for the appellant.;