Union Of India Thrugh R.A.Dubey ... vs Aqeel And 2 Ors.
2023 Latest Caselaw 25012 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59250
 
Court No. - 12
 
Case :- CRIMINAL REVISION No. - 380 of 2003
 
Revisionist :- Union Of India Thrugh R.A.Dubey Intelligence Officer Narcoti
 
Opposite Party :- Aqeel And 2 Ors.
 
Counsel for Revisionist :- I.B.Singh,Shikha Sinha
 
Counsel for Opposite Party :- Anil Kumar Pandey,Shushil Pandey
 

 
Hon'ble Rajeev Singh,J.

1. Case called out. None appears on behalf of the revisionist to press the revision.

2. It is evident from the cause list that the present case is listed in the category of "Cases shall not be adjourned".

3. The present revision has been filed against the discharge order dated 20th June, 2003 on the ground that the court below failed to consider the evidences along with the facts as well as details mentioned in the complaint.

4. It is evident from the record that revision has not been admitted till date. It is further evident from the impugned order that the court below has considered the statement recorded under Section 67 of the NDPS Act. The court below also observed that prosecution in question has been initiated only on the basis of confessional statement, without any corroborative evidence with the further observation that no offence is made out.

In the present revision, no substantive ground has been taken to challenge the order dated 20.05.2003. Moreover, there is a detail judgment of the court below, in which, all the facts have been discussed along with the observation that merely on the basis of confessional statement, the prosecution was initiated against the private respondent. Therefore, the court below has rightly allowed the discharge application.

5. In view of above, the revision has no merit and is, accordingly, dismissed.

Order Date :- 15.9.2023/VKS