In an appeal against an acquittal where the High Court rejected the government's application for leave to appeal, finding the lower court's reasoning permissible under the circumstances.
Application for leave to appeal rejected; instant appeal 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. - 8290 of 2007
Appellant :- State Of U.P. Respondent :- Munfait @ Kallu 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 23.08.2007 passed by Additional Sessions Judge/F.T.C. No. 4, Muzaffarnagar whereby the accused-respondent - Munfait @ Kallu was acquitted of the charge under Section 18/20 of The Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'Act, 1985') Police Station - Purkazi, District - Muzaffarnagar.
As per prosecution version, on 27.01.2001 at about 07.45 P.M., accused-respondent Munfait @ Kallu was arrested by the police and 5 kg. poppy straw (' doda post ') was recovered from his possession.
There was no public witness of the alleged recovery. On the basis of contradiction in the statement of witnesses of fact and no-compliance of provision of Section 50 of Act, 1985 the trial court has acquitted the accused-respondent. Alleged recovered contraband is much less than commercial quantity.
The view taken by the learned trial court is possible one, based on reasoning.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed .
Order Date :- 27.7.2018 I. Batabyal
2 issues framed by the court
Whether leave to appeal against acquittal under Section 18/20 of NDPS Act should be granted on grounds of violation of Section 50 and lack of public witness.
Whether the trial court's finding based on contradiction in witness statements and non-compliance with Section 50 constitutes a valid ground for appeal.
2 provisions across 1 enactments
State Of U.P.
Munfait @ Kallu
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
