Bala Krishna Narayana, J. - (1.) SUPPLEMENTARY affidavit filed today explaining.
(2.) 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 26.8.2011 passed by learned Additional District & Sessions Judge, Ex -Cadre, Court No. 14, District Budaun in Special Sessions Trial No. 107 of 2010, convicting the Appellant, under Section 8/20 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of four years together a fine of Rs. 10,000/ -and in default in payment of fine to undergo further simple imprisonment of two months. It is contended by learned Counsel for the Appellant that 250 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 Sections 42 and 50 of N.D.P.S. Act.
(3.) HE further contended that the Appellant is in jail for the last 1 1/2 years. 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.;