State Of Gujarat vs Mansingh Samrusingh Seni
2022 Latest Caselaw 273 Guj

     R/CR.MA/15348/2021                                ORDER DATED: 07/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15348 of 2021

                    In R/CRIMINAL APPEAL NO. 1216 of 2021

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                              STATE OF GUJARAT
                                    Versus
                          MANSINGH SAMRUSINGH SENI
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Appearance:
MR RC KODEKAR APP (2) for the Applicant(s) No. 1
MS AISHWARYA H CHAUDHARY(11539) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                               Date : 07/01/2022

                                ORAL ORDER

Order in Criminal Misc. Application:

1. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned Special Judge and Additional Sessions Judge (NDPS), Kachchh in Special (NDPS) Case No.1 of 2017 dated 08.04.2021, acquitting the respondent accused from the offences under sections 20(b) and 20(2)(B) of NDPS Act.

2. Heard Mr.R.C. Kodekar, learned APP for the applicant and Ms.Aishwarya Chaudhary, learned advocate for the respondent - original accused.

3. Considering the avernments made in the application and submissions made by the learned advocates appearing

R/CR.MA/15348/2021 ORDER DATED: 07/01/2022

for the respective parties, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.

Order in Criminal Appeal:

1. The Appeal is admitted. Ms.Aishwarya Chaudhary, learned advocate waives service of notice of admission on behalf of respondent - accused.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.

(RAJENDRA M. SAREEN,J) R.H. PARMAR