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 23.8.2011 passed by learned Special Judge, (E.C. Act), Banda in Special Case No. 74 of 2008, convicting the Appellant, under Section 20 of N.D.P.S. Act and sentencing him to undergo rigorous imprisonment of one year together a fine of Rs. 1000/ -and in default in payment of fine to undergo further simple imprisonment of one month. It is contended by learned Counsel for the Appellant that 1 kg and 150 grams of Ganja 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 42(2) 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 is on interim bail 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, the Appellant is entitled to be enlarged on bail.;