This Criminal Revision against the rejection of a discharge application under the NDPS Act was dismissed by the revisionist withdrawing prosecution, but decided on merits finding no illegality, irregularity or perversity in the lower court order.
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. - 91
Case :- CRIMINAL REVISION No. - 4310 of 2022
Revisionist :- Devesh Shivhare Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
Learned counsel for the revisionist states that he does not want to prosecute further this revision and it may be dismissed as withdrawn. In this backdrop, the revision is being decided on merits.
The present revision has been filed against the judgment and order dated 23.08.2022 passed by learned Special Judge (N.D.P.S. Act)/Additional Sessions Judge, Court No. 5, Jhansi in Discharge Application 18B filed by revisionist in Special Trial No. 338 of 2021 (State of U.P. Vs. Abhishek Sahu and another), under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, Police Station Nawabad, District Jhansi (Crime No. 611 of 2020) whereby discharge application filed by the revisionist has been rejected.
I, have gone through the judgement and record thoroughly, and found that there is no illegality, irregularity or perversity in the impugned judgment and order. The impugned judgment and order suffers from no illegality and irregularity or any perversity. The revision is devoid of merits.
Accordingly, revision is dismissed.
Order Date :- 8.2.2023 Rmk.
Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned judgment rejecting the discharge application suffers from illegality, irregularity or perversity.
1 provisions across 1 enactments
State of U.P.
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
