- (1.) BARKAT Ali Zaidi, J. Accused-appellant Mohd. Ahmad son of late Mohd. Ishtiyaq Ahmad Khan was convicted in ST. No. 942 of 2006 under Section 21-C, N. D. P. S. Act, on basis of recovery of half a kilogram smack by judgment and order dated 11. 10. 2007 passed by Additional Sessions Judge, Court No. 17, Kanpur Nagar
(2.) HEARD Sri P. C. Srivastava, advocate for the appellant and Mohd. Israil Siddiqui, Additional Government Advocate for the State. Admit. Record of the trial Court be summoned. Requisition be issued. He has applied for bail here and wants bail pending disposal of appeal.
(3.) COUNSEL for the accused has pointed out that there exists a very material discrepancy in the prosecution evidence, which is to the effect that while P. W. 5 Constable Vipin Kumar has stated that the sample of contraband article, recov ered was sent on 26. 6. 2006 through constable Ramdas to Forensic Laboratory, Lucknow and testified the Malkhana Register, entry, Ex. Ka-7 indicates that it was delivered at Forensic Laboratory on 20. 6. 2006 vide SI. No. 4542 and P. W. 6 constable Ramdas has stated that the sample was taken by him on 20. 6. 2006. The Counsel for the accused argued that this also shows that sample was never sent, and the whole exercise is imaginary. The case depends only on po lice witnesses and there is no public witness. In view of the circumstances ap pearing in this case, it seems appropriate to grant him bail, pending disposal of appeal.;