Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the Appellant and learned A.G.A. The present criminal appeal has been filed by the Appellant against the judgment and order dated 17.9.2011 passed by learned Additional Sessions Judge, (Temporary Ex -Cadre Post) -IInd, District Fatehpur in Special Sessions Trial No. 169 of 2011, convicting the Appellant, under Section 8/21(b) of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of one year together a fine of Rs. 10,000/ -and in default in payment of fine to undergo further simple imprisonment of three months. It is contended by learned Counsel for the Appellant that 20 grams charas is alleged to have been recovered from the possession of the Appellant which is below the commercial quantity as defined under Section 2(viia) of the N.D.P.S. Act and there was no compliance with the mandatory provisions of Section 50 of N.D.P.S. Act.
(2.) HE further contended that the Appellant has no criminal antecedents to her credit and she was on bail during the pendency of the trial and she has not misused the liberty of bail during trial. It is next contended that this appeal is not likely to be heard in near future, thus the Appellant is entitled to be enlarged on bail during the pendency of this appeal. Learned A.G.A. opposed the prayer for bail.
(3.) ADMIT .;