Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the Appellant and learned A.G.A.
(2.) THE present criminal appeal has been filed by the Appellant against the judgment and order dated 27.8.2011 passed by learned Additional Sessions Judge, Court No. 14, District Kanpur Nagar in Sessions Trial No. 342 of 2006, convicting the Appellant, under Section 20B(II)B of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of one year together a fine of Rs. 8000/ -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 130 grams of charas is alleged to have been recovered from the possession of the Appellant which is below the commercial quantity and there was no compliance with the mandatory provisions of Section 50 of N.D.P.S. Act.
(3.) HE further contended that the applicant has no criminal history to his credit and he 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 thus, the Appellant is entitled to be released on bail during the pendency of this appeal.;