The court considered the quantity of the recovered substance and the appellant's compliance with bail conditions in allowing the bail application.

JUDGMENT

Alok Kumar Verma, J. - Heard Mr. Lalit Sharma, learned Advocate for the appellant and Mr. A.K. Sah, learned A.G.A. assisted by Mr. Sachin Panwar, learned Brief Holder for the State of Uttarakhand.

2. This Criminal Appeal has been filed against the Judgment and Order dated 15.11.2019, passed by Special Judge ( Narcotic Drugs and Psychotropic Substances Act, 1985 ) (in short 'N.D.P.S. Act') Almora in Special Sessions Trial No. 06 of 2019, State Vs. Sunil Singh, whereby the appellant/accused has been convicted under Section 8/20 of the N.D.P.S Act and has been awarded sentence to undergo five years rigorous imprisonment and a fine of Rs. 50,000/-.

3. Heard learned counsel for the applicant/appellant and learned counsel for the State.

4. Learned counsel for the State admits that the appellant was on bail during the trial and the conditions of the bail were not misused by him.

5. According to the respondent/prosecution, 13 Kg. 340 Grams Ganja has been recovered from the possession of the appellant/accused. The said recovery was below the commercial quantity. The appellant was on bail during the trial and the bail conditions were not misused by him.

6. Having heard learned counsel for both the parties, without commenting on the merits of the case, the bail application is allowed.

7. Let the applicant be released on bail, provided, he execute a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Special Sessions Judge (N.D.P.S), Almora with the stipulation that the appellant/accused shall appear before this Court as and when called upon to do so.

8. Learned counsel for the appellant/accused submits that he does not want to press the prayer of staying the realization of the fine at this stage.

9. The Bail Application (CRMA No. 4180 of 2019) stands disposed of accordingly.