Single judge order dismissed the Special Leave Petition against an acquittal under the NDPS Act. The court held that the prosecution failed to prove exclusive possession by the accused and deemed the 332-day filing delay inexcusable.
The application for leave to appeal was 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.
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 55 of 2013
State of Chhattisgarh, Through Station House Officer, Police StationKatghora, District Korba (C.G.).
---- Appellant
Versus
Ghasiram, S/o. Budhwar Singh Kanwar, Aged about 55 years, R/o. Gram Banwar, Police Station- Katghora, District Korba (C.G.).
---- Non-applicant Respondent
For Appellant : Mr. Anupam Dubey, Advocate For Respondent : Mr. Ashutosh Shukla, Advocate ---------------------------------------------------------------------------------------------------
Hon'ble Shri Justice Goutam Bhaduri
Order on Board
07.09.2017
Heard on admission & application for condonation of delay.
evidence is on record that the non-applicant were six brothers and all were separately residing and the Courtyard & Badi is one. The map of the place is filed as Ex.P-9. Perusal of Ex.P-9 which has been proved by PW-4, J.S.Dhurve, the I.O. would show that it is an open place near Kotha and as per the statement of PW-6, the entire area belong to Ghasiram and other brothers Panchram, Santram, Dev Singh etc. Therefore, the Badi belong to whom, it has been not made clear. Consequently, the prosecution was not able to prove that the non-applicant/ accused was in exclusive possession of the land/ area wherefrom plants were recovered. It was also an open space as would be evident from the map. Therefore, the factum of recovery from exclusive possession of the accused was not proved by prosecution. Furthermore, enormous delay of 332 days in filing this petition has been caused and no reasonable explanation has been offered for such delay.
Sd/- (Goutam Bhaduri) Judge
Ashok
3 issues framed by the court
Whether a prima facie case is made out to allow the application for leave to appeal against an acquittal in a narcotics case.
Whether the prosecution proved that the respondent was in exclusive possession of the land where cannabis plants were recovered.
Whether the enormous delay of 332 days in filing the petition can be condoned.
1 provisions across 1 enactments
State of Chhattisgarh, Through Station House Officer, Police Station Katghora
Ghasiram
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
