In an appeal against the acquittal of respondent Kishor under NDPS Act, the High Court found no illegality in the trial court's order due to inconsistencies regarding the sealing and recovery memo. The application for leave to appeal was rejected.
Leave to appeal rejected; instant appeal dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 8301 of 2007
Appellant :- State Of U.P. Respondent :- Kishor 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 27.07.2007 passed by Additional Sessions Judge Court No. 10, Agra, in Special Sessions Trial No. 53 of 2004 (State v. Kishor) whereby the accusedrespondent - Kishor was acquitted of the charge under Section 15 of The Narcotic Drug and Psychotropic Substances Act, 1985 Police Station - G.R.P. Agra Cantt., District - Agra.
As per prosecution version, on 15.04.2004 at about 03.20 P.M., 6 kg. of doda post (poppy straw) was recovered from the possession of accused-respondent Kishor.
Learned trial court observed that there was no public witness of the alleged recovery. Sample seal was not on record. P.W.1 Arun Singh has admitted in his cross-examination that firstly recovery memo was prepared and later on recovered contraband was sealed. Contrary to his statement, P.W.2 Devesh Kumar admitted that firstly recovered contraband was sealed and later on recovery memo was prepared. As per report of forensic science laboratory, the recovered contraband was sealed with a seal having 'Monogram + U.P.P.' engraved on it. However, P.W.1 Arun Singh stated before the court that the recovered contraband was sealed by him with a seal bearing his name. Accordingly, learned trial court held that it is not proved that recovered contraband was send for chemical examination.
The view taken by the learned trial court is possible one and based on reasoning. Accordingly, I find no illegality 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 :- 20.9.2018 I. Batabyal
1 issue framed by the court
Whether leave to appeal should be granted against the acquittal of the accused for charge under Section 15 of NDPS Act.
1 provisions across 1 enactments
State Of U.P.
Kishor
Umesh Chandra Tripathi
I. Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
