Dismissed

State of U.P. v. Sabu @ Virendra Singh

Allahabad HC9 Apr 2019GOVA/3214/2008

Case brief

AI extract

What is this about?

State appealed the acquittal of Sabu @ Virendra Singh under the N.D.P.S. Act, citing lack of independent witnesses and procedural violations. The High Court held the lower court's view plausible, found no merit in the appeal, and dismissed it at the admission stage on merits.

What did the court decide?

Leave to appeal was rejected and the Government appeal was dismissed at the admission stage on merit.

State of U.P. Vs Sabu @ Virendra Singh — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 44

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Case :- GOVERNMENT APPEAL No. - 3214 of 2008

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Appellant :- State Of U.P. Respondent :- Sabu @ Virendra Singh Counsel for Appellant :- Govt. Advocate

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Hon'ble Aniruddha Singh,J.

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Heard Sri Pankaj Rai, learned Brief Holder for the State and perused the impugned judgment.

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This Government appeal has been preferred under Section 378 Cr.P.C. alongwith application for leave to appeal against judgment and order dated 16.1.2008 passed by Additional Sessions Judge, Court No. 10, Agra in Session Trial No. 713 of 2006 (State vs. Sabu @ Virendra Singh) arising out of Case Crime No. 568 of 2006, Police Station New Agra, District Agra acquitting opposite party Sabu @ Virendra Singh under Section 20(II)B of N.D.P.S. Act.

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Learned Brief Holder submitted that impugned judgment and order acquitting accused-opposite party is wholly illegal, perverse and bad in the eyes of law, hence is liable to be set aside.

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According to prosecution case, 250 gm. Charas was recovered from the possession of opposite party Sabu @ Virendra Singh on 5.9.2006 at Adarsh Nagar Tiraha. He was arrested by Sub Inspector Sulabh Sharan with the help of three others in the night at 2:20.A.M.

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Case was registered and after investigation, charge sheet was submitted against Sabu @ Virendra Singh. After framing of charge, prosecution examined P.W.1 Constable Jagdish Singh, P.W.-2 S.I. Sulabh Sharan, P.W.3 Yogendra Pal Singh, P.W.4 Khajan Singh and P.W.-5 S.I. Abdul Rehman Siddiqui. All the five witnesses are police personnels. From the side of accused D.W.-1 Hakim Singh was examined. Statements of accused were recorded under Section 313 Cr.P.C. He denied charges and stated that he has been falsely implicated. After hearing learned counsel for accused as well as Government Advocate, impugned order was passed. Hence this appeal.

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From perusal of record, it also transpires that no independent witness was examined and there are major contradictions between statements of witnesses of facts, P.W.2 S.I. Sulabh Sharan stated that the place of arrest was 'Adarsh Nagar Tiraha' and P.W.3 Yogendra Pal Singh stated that it was 'Adarsh Nagar

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Chauraha'. Hence place of occurrence is not proved beyond reasonable doubt. Mandatory provision of Sections, 41, 42, 43 and 50 of N.D.P.S. Act and law laid down down by the Apex Court have not been complied with.

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Recovery of so-called 'Charas' is general in nature and it can be obtained easily from the market. Thus, possibility of this issue can not be thrown out. No criminal history has been shown against the opposite party.

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It is also pertinent to mention here that since incident is of 2006 and 12 years have elapsed, no fruitful purpose would be served in issuing notice to the opposite party.

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This Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned order. View taken by lower Court is plausible view, hence no interference is called for in appeal.

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In above backdrop, leave to appeal is rejected and consequently, Government appeal is dismissed at the admission stage on merit.

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Copy of this order alongwith record of lower Court, if any be transmitted to the Court concerned within a week.

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Order Date :- 9.4.2019 P.P.

State of U.P. v. Sabu @ Virendra Singh

Case brief

What is this about?

What did the court decide?

State of U.P. v. Sabu @ Virendra Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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