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2007 Supreme(All) 2627

S.RAFAT ALAM, SUDHIR AGARWAL
AMRENDRA SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
R.K. Jain and Ashwani Mishra for the Appellant; P.N. Rai, Ashutosh Srivastava, G.K. Singh, V.K. Singh, S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Aggrieved by the judgment dated 21.10.2005 dismissing the writ petition No. 63643 of 2005, the petitioner-appellant (hereinafter referred to as ‘petitioner’) has filed this intra Court appeal under Chapter VIII Rule 5 of the Rules of the Court.

2. The petitioner was convicted under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 in Session Trial No. 43 of 1993 vide judgment dated 13th August, 1997 passed by Special Judge, Sonbhadra and was sentenced to undergo three years rigorous imprisonment, a fine of Rs. 5,000/- and in default of payment of fine, further six months rigorous imprisonment. He filed an appeal No. 1272 of 1997 which was admitted on 28th July, 1997 and bail was granted. The Appellate Court passed the following order :

“Admit.

Let the appellant Amrendra Singh Kurmi s/o late Tara Chandra Singh be released on bail in S.T. No. 43 of 1993 under Section 20 of N.D.P.S. Act on his furnishing two sureties and a personal bond in the like amount to the satisfaction of the Chief Judicial Magistrate, Sonbhadra.”

3. An election for the post of Gram-Pradhan, village Murdhawa was held in August 2005 for which the petitioner filed hi



















































































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