Shri Kant Tripathi, J. - (1.) THE Appellant has been convicted and sentenced under Section 8/18 of Narcotic Drugs and Psychotropic Substances. Act, 1985 vide the judgment and order dated 05.05.2010 rendered in Criminal Case No. 118 of 2006, Government of India State v. Shiv Lal Verma by Additional Sessions Judge, Court No. 2, Varanasi and the maximum sentence imposed on him is of 7 years' R.I.
(2.) HEARD Mr. Sameer Jain for the Appellant and Mr. Sanjay Kumar Singh for the Respondent and perused the record. Admit. Summon lower court record. Notice on behalf of the State -Respondent has already been accepted.
(3.) MR . Sameer Jain submitted that the Appellant was on bail during the trial and never abused the same. He is presently in jail from 05.05.2010 and there is no prospect of the appeal being heard in near future due to heavy dockets. It was further submitted that conditions provided in Section 37(b) of the Narcotic Drugs and Psychotropic Substances. Act, 1985 are not attracted in this case. The conviction has been recorded under Section 18(c) of the aforesaid Act. It was further submitted that the sentence imposed on the Appellant is of 7 years' R.I. only. It was next submitted that the land in which plantation had taken place does not belong to the Appellant nor he had any concern therewith.;