In this government appeal against acquittal under the NDPS Act, the High Court rejected the application for leave to appeal. The trial court had acquitted the respondent due to failure to prove the quantity of recovered smack and lack of forensic examination.
The application seeking leave to appeal was rejected, and the appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 13
Case :- GOVERNMENT APPEAL No. - 5186 of 2006
Appellant :- State Of U.P. Respondent :- Nisar Counsel for Appellant :- V.S.Mishra
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 19.05.2006 passed by Additional Sessions Judge, F.T.C. No. 3, Kanpur Dehat in Sessions Trial No. - 77 of 2000 (State v. Nisar) whereby the accusedrespondent - Nisar was acquitted of the charge under Section 21 of The Narcotic Drug and Psychotropic Substances Act, 1985 Police Station - Bhognipur, District - Kanpur Dehat.
As per prosecution version, on 11.06.2000 at about 08.35 P.M., 25 grams of smack (contraband) was recovered from the possession of the accused-respondent Nisar.
Learned trial court has acquitted the accused on the ground that the prosecution could not prove the quantity of the recovered smack. Learned trial court further held that the prosecution has failed to prove that the recovered smack was send to forensic laboratory for chemical examination.
The view taken by the learned trial court is possible one, based on reasoning. I find no infirmity in the impugned order passed by the trial court.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed .
Order Date :- 3.8.2018 I. Batabyal
2 issues framed by the court
Whether leave to appeal against the acquittal of an accused under Section 21 of the NDPS Act should be granted when the trial court acquitted due to failure to prove quantity and lack of forensic exam
Whether the trial court's reasoning for acquittal was based on material infirmities warranting leave to appeal.
1 provisions across 1 enactments
State Of U.P.
Nisar
Umesh Chandra Tripathi
Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
