The State filed an appeal seeking leave to challenge an acquittal order under the NDPS Act. The High Court held that the trial court's view was reasonable and rejected the application for leave to appeal, dismissing the present appeal.
Application for leave to appeal rejected; appeal dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 3646 of 2009
Appellant :- State Of U.P. Respondent :- Abdul Hai S/O Abdul Hameed Counsel for Appellant :- D.R. Chaudhary
Hon'ble Umesh Chandra Tripathi,J.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order dated 04.12.2008 passed by Additional Sessions Judge/Fast Track Court No. 3, Gorakhpur whereby the respondent/ accused Abdul Hai was acquitted in Special Sessions Trial No. 132/2006 (State Vs. Abdul Hai) for the offence punishable under Sections 8/20 N.D.P.S. Act, Police Station - Tiwaripur, District Gorakhpur.
As per the prosecution version on 18.09.2006 at 03:15 pm, 1.6 kg Ganja was recovered from the possession of accused/respondent Abdul Hai.
The learned trial court held that alleged recovery is doubtful, on the basis of the statement of witnesses of fact. There is no public witnesses of alleged recovery of Ganja. The alleged recovery of Ganja is much below the commercial quantity.
Accordingly, learned trial court has passed the impugned order of acquittal in respect of respondent/accused.
The view taken by trial court is possible and based on reasoning.
In view of above, this application seeking leave to appeal is, accordingly rejected and consequently the appeal is also dismissed .
Order Date :- 30.8.2018
VG..
1 issue framed by the court
Whether leave to appeal against the acquittal of the accused in a case under the NDPS Act should be granted.
1 provisions across 1 enactments
State Of U.P.
Abdul Hai S/O Abdul Hameed
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
