Gujarat High Court
State Of Gujarat vs Vishnubhai Ambalal Patel on 10 February, 2025
NEUTRAL CITATION
R/CR.MA/7552/2022 ORDER DATED: 10/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 7552 of
2022
In R/CRIMINAL APPEAL NO. 817 of 2022
With
R/CRIMINAL APPEAL NO. 817 of 2022
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STATE OF GUJARAT
Versus
VISHNUBHAI AMBALAL PATEL & ANR.
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Appearance:
Mr. Bhargav Pandya, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 10/02/2025
ORAL ORDER
1. Heard learned APP Mr. Bhargav Pandya for the applicant - State and perused the impugned judgment and order of acquittal.
2. The State has preferred the present application seeking leave to appeal against the judgment and order of acquittal dated 18.07.2019 passed by the learned Additional Judicial Magistrate First Class, Visnagar in Criminal Case No. 657 of 1994 and Criminal Case No. 572 of 1994, whereby, the Page 1 of 3 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:54:33 IST 2025 NEUTRAL CITATION R/CR.MA/7552/2022 ORDER DATED: 10/02/2025 undefined learned Trial Court acquitted the opponent for the offence punishable under Rule 65(5)(3), 65(5)(1) read with Section 18(a)(1), 18(c) and 18(b) read with Section 27 and 28(a) of the Drugs and Cosmetics Act, 1940.
3. Learned APP submits that the prosecution had examined 04 witnesses and produced 43 documentary evidences but the learned Trial Court has not appreciated the evidence properly and the impugned judgment and order of acquittal has resulted into miscarriage of justice. The prosecution has a good case on merits and the application may be allowed.
3.1 Learned APP has placed on the order of this Court passed in State of Gujarat V. Prafulbhai Kansinh Zala in CR.M.A. No. 14092 of 2024, wherein, this Court in para 10 has observed as under:
"10. In view of the aforesaid analysis of the provisions of law and also the relevant judgment of the Apex Court as well as other High Court on the very issue, this Court is of the view for the purpose of seeking leave to appeal under Section 378(3) of Page 2 of 3 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:54:33 IST 2025 NEUTRAL CITATION R/CR.MA/7552/2022 ORDER DATED: 10/02/2025 undefined the Code of Criminal Procedure, equivalent Section 419 of BNSS. Against the judgment and order of acquittal by the trial Court/Sessions Court, no separate application seeking leave to appeal is required to be filed by the appellants. It is sufficient fulfillment of the requirement of the provisions of law to make a prayer seeking leave to appeal within the memo of appeal. The composite petition/appeal memo praying for leave to appeal, admission of appeal and challenge to impugned judgment and order of acquittal will meet with the requirement of provisions of the Code.
4. Perused the impugned judgment and order of acquittal and heard learned APP and considering the facts and circumstances of the case , this is a fit case to grant leave to appeal. Consequently, the present application is allowed and is disposed of accordingly.
(S. V. PINTO,J) VASIM S. SAIYED Page 3 of 3 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:54:33 IST 2025