Allahabad High Court
State Of U.P. vs Shiv Narayan Singh on 23 July, 2021
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- GOVERNMENT APPEAL No. - 8051 of 2007
Appellant :- State of U.P.
Respondent :- Shiv Narayan Singh
Counsel for Appellant :- Govt.Advocate
Hon'ble Subhash Chandra Sharma,J.
Heard learned A.G.A. on an application under Section 378 Cr.P.C. for granting of leave to appeal.
This appeal has been filed under Section 378 Cr.P.C. by the State against the judgment and order dated 10.08.2008 passed in Sessions Trial No. 29 of 2003 (State Vs. Shiv Narayan Singh), under Section 8/21 N.D.P.S. Act, Police Station Sumerpur, District Hamirpur.
Learned A.G.A. in support of the appeal submits that the impugned order is based on surmises and conjectures and it is against the weight of evidence on record. Learned trial court has erroneously passed the impugned order while discarding the prosecution evidence without applying his mind. He has not considered the evidence on record. Provisions of Sections 50 and 57 N.D.P.S. Act have been complied with by the police officials but trial court has not relied on it and held that officers have not complied with the provision of Sections 50 and 57 N.D.P.S. Act. Information of arrest and recovery was given to Higher Authority by the police officials by R.T. Set though written information was not given. Accused gave his consent for search at the place of occurrence to arresting officer. Prosecution witnesses have supported the prosecution case but trial court has passed the judgment against the provisions of law which is perverse and deserves to be set aside.
From perusal of record it shows that in this case 10 grams smack had been recovered by the police from the possession of appellant and it was sent to F.S.L. for examination, where it was found only six grams. Compliance of Provisions of Sections 50 ND.P.S. Act has also not been done in the strict sense. Likewise, provisions of Section 57 N.D.P.S. Act has also not been complied with. No written information was sent by the officials to the High Authority as is required under this section. On these grounds learned trial court has acquitted the accused of the charges. In the scheme of the act, mandatory provisions of Section 50 and 57 N.D.P.S. Act are to be complied with. In case, there is failure by the officials to comply the mandatory provisions, conviction cannot be done.
Learned A.G.A. has not been able to point out any other illegality or perversity with the findings as recorded by the learned trial court and thus it cannot be said that the view taken by the court below is a perverse view.
In this way, taking into consideration all the facts and circumstances enumerated above, this court is of the view that the trial court has passed the judgment and order for acquittal of the respondent regarding which it cannot be said that the view taken by the court below is not possible and plausible.
The learned trial court has given cogent and convincing reasons for acquitting the accused respondents, therefore, this is not a fit case for grant of leave to appeal to the appellant.
The application seeking leave to appeal is, accordingly, rejected. Consequently, appeal is also dismissed.
Order Date :- 23.7.2021
A. Singh
