JUDGMENT Hon’ble Barkat Ali Zaidi, J.—Accused-appellant Mohd. Ahmad son of late Mohd. Ishtiyaq Ahmad Khan was convicted in S.T. 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. 3. Admit. Record of the trial Court be summoned. Requisition be issued. 4. He has applied for bail here and wants bail pending disposal of appeal. 5. 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, recovered 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 Sl. No. 4542 and P.W. 6 constable Ramdas has stated that the sample was taken by him on 20.6.2006. 6. 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 police witnesses and there is no public witness. In view of the circumstances appearing in this case, it seems appropriate to grant him bail, pending disposal of appeal. 7. Accused-appellant Mohd. Ahmad be released on bail on his furnishing a personal bond of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial Court. Execution of the punishment in question, shall remain stayed pending disposal of appeal. ————