State of U.P. v. Uma Shanker

Court No. - 90

Case :- GOVERNMENT APPEAL No. - 2332 of 1997

Appellant :- State of U.P. Respondent :- Uma Shanker Counsel for Appellant :- Vijay Shanker Misra

Hon'ble Ram Manohar Narayan Mishra,J.

Heard learned AGA on behalf of State of U.P. and perused the material available on record.

The instant criminal appeal has been preferred by the learned AGA against the judgement and order dated 2.5.1997 passed by learned Additional Sessions Judge-IV, Hamirpur, in S.S.T. No. 21/93.

By the impugned judgement and order, the learned trial court had acquitted the accused respondents Uma Shankar of charge under Section 18/20 of NDPS Act arising out of Case Crime no. 01/93, under Section 18/20 of NDPS Act, P.S. Maudaha, District Hamirpur for being not in possession of contraband 5kg and 250 gm illegal Ganja and 10 small bags of opium; the date of incident was 3.1.1993, however, after more than four years, no witnesses could be produced by the prosecution in support of charges against the accused persons; even report of FSL of alleged contraband seized from the possession of accused was not brought on record; even accused had moved an application to summon FSL report, but same could not be produced; it was a case of no evidence; learned trial court has observed that compliance of Section 50 of NDPS Act was not made in this case as appears from the perusal of recovery memo and, therefore, in absence of any evidence, accused respondents were acquitted of charges.