Union Of India vs Mohammad Arif Rashidmiya Munshi
2022 Latest Caselaw 7265 Guj

   R/CR.MA/12336/2022                                     ORDER DATED: 22/08/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 12336 of 2022

                   In R/CRIMINAL APPEAL NO. 1315 of 2022

                                  With
                    R/CRIMINAL APPEAL NO. 1315 of 2022
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                           UNION OF INDIA
                               Versus
                   MOHAMMAD ARIF RASHIDMIYA MUNSHI
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Appearance:
MR KARTIK V PANDYA(2435) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                  Date : 22/08/2022


 (PER : HONOURABLE MR. JUSTICE S.H.VORA)


ORAL ORDER

IN APPLICATION By way of present Criminal Misc. Application u/s 378(1)(3) of the Code of Criminal Procedure, the applicant seeks leave to challenge judgment and order of acquittal dated 23.12.2021 passed in NDPS Case No.3 of 2017, whereby the private respondents herein came to be acquitted for the offences punishable u/s 8(c), 18(b) and 29 of the NDPS Act.

We have heard learned APP for the State and upon perusal of the impugned judgment and considering the reassessment and reanalysis of evidence at a glance, we are of the considered opinion that present Criminal Misc. Application deserves

R/CR.MA/12336/2022 ORDER DATED: 22/08/2022

consideration and accordingly it is allowed.

ORAL ORDER IN APPEAL

Admit. Learned APP waives service of notice of admission for respondent State. Bailable warrant in the sum of Rs.15,000/- each be issued qua private respondents. The private respondents shall mark their presence before the concerned Police Station in the first week of October, 2022 of every calendar year till appeal is finally disposed off.

(S.H.VORA, J)

(RAJENDRA M. SAREEN,J) SHEKHAR P. BARVE