State of U.P. v. Afgan
Case brief
What is this about?
Government appeal admitted against acquittal under NDPS Act. High Court found accused acquitted due to suspicious recovery and noted quantity was below commercial limit. Leave to appeal rejected and appeal dismissed.
What did the court decide?
Leave to appeal rejected; Government appeal dismissed.
What the court decided
Court No. - 13
Case :- GOVERNMENT APPEAL No. - 1511 of 2008
Appellant :- State Of U.P. Respondent :- Afgan Counsel for Appellant :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
By way of instant government appeal, prayer has been made on behalf of State-appellant to grant leave to appeal against the judgment and order dated 30.10.2007 passed by Additional Sessions Judge Court No. 11, District - Muzaffar Nagar, in Special Sessions Trial No. 225 of 2003 (State of U.P. v. Afgan) whereby the accused-respondent - Afgan was acquitted of the charge under Section 15/20 of The Narcotic Drug and Psychotropic Substances Act, 1985 Police Station - Kotwali, District - Muzaffar Nagar.
As per prosecution version, on 25.10.2003 at about 12.30 P.M., 10 kg. of 'doda post' (poppy straw) was recovered from the possession of respondent Afgan.
Learned trial court has acquitted the accused-respondent on the ground of suspicious recovery.
The alleged recovered 'doda post' is much below the commercial quantity.
Issues for consideration
2 issues framed by the court
Whether to grant leave for appeal against acquittal in trial under the NDPS Act.
Whether the trial court's view of suspicious recovery was a possible view based on reasoning.
Parties & counsel
- appellant
State Of U.P.
- respondent
Afgan
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- GOVA/1511/2008
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