State Of U.P. vs Chotey
2013 Latest Caselaw 155 ALL

Citation : 2013 Latest Caselaw 155 ALL
Judgement Date : 2 April, 2013

Allahabad High Court

State Of U.P. vs Chotey on 2 April, 2013

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 
Case :- U/S 378 CR.P.C. No. - 48 of 2013
 
Petitioner :- State Of U.P.
 
Respondent :- Chotey
 
Petitioner Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

This appeal is directed against the judgment of acquittal dated 30.11.2011, vide which the lower court has acquitted respondent Chhotey of charges under Section 8/22 of the Narcotic Drug and Psychotropic Substances Act made in prosecution of Case Crime No.226 of 2008, P.S. Laharpur, District Sitapur.

Learned counsel for the appellant-State contends that a recovery of 75 Grams of diazapam powder was affected from possession of the respondent. Respondent is alleged to have fired upon the police party. In such circumstances, recovery cannot be disputed or looked upon with suspicion.

I have considered the contention of the learned counsel and have gone through the impugned judgment.

The respondent has been acquitted on the ground that the statements of the prosecution witnesses no.1, 2 and 3 are discrepant in their material aspect; independent witnesses were not joined; recovery memo did not indicate that the recovery of the powder was affected and the powder was weighed; there is no entry in the police record in regard to sending the powder for chemical examination to Forensic Science Laboratory, and the same witnesses have been disbelieved in two other cases in which the respondent was implicated by police personnel of the same police station on the same day.

Learned counsel for the appellant-State has not been able to show any relevant evidence or material that has not been considered by the trial court or any evidence or material that has been perversely considered for recording finding of acquittal.

Considering the totality of the facts and circumstances of the case, no ground for interference in this appeal against the judgment of acquittal is made made out.

This appeal is accordingly dismissed.

Order Date :- 2.4.2013/A.Nigam