Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the applicant -Appellants and learned A.G.A. for the State.
(2.) THE Appellants upon being convicted for the offence punishable under Section 8/15 of N.D.P.S. Act (hereinafter referred to as the Act) and sentenced to undergo ten years rigorous imprisonment and fine of Rs. 1,00,000/ - with default stipulation by means of the present application are seeking enlargement on bail during the pendency of this appeal. Learned Counsel for the Appellants contended that as per the prosecution case five bags containing poppy -straw powder were recovered from the vehicle in which the Appellants were travelling, during a routine search. He further contended that the prosecution having failed either to produce before the court contraband articles which were allegedly recovered from the vehicle in which the Appellants were travelling or to establish that the same were dealt with in accordance with the provisions of Section 52A of the Act and there being No. link evidence to establish that the sample which was sent for chemical analysis was the same which was drawn from the contraband articles allegedly recovered from the vehicle in which the Appellants were travelling, their conviction under Section 8/15 of the Act and the sentence imposed upon them cannot be sustained. He next contended that the Appellants have No. criminal antecedents to their credit and they were on bail during the pendency of the trial except for a short period when before the pronouncement of the judgment they could not attend the court on one day whereupon their bail bonds were cancelled. He lastly contended that there being No. likelihood of this appeal being heard in near future, the Appellants are entitled to be enlarged on bail during the pendency of this appeal.
(3.) PER contra, learned A.G.A. opposed the prayer for bail.;