State Of Gujarat vs Rashmiranjan @ Kanha Kaviraj ...
2023 Latest Caselaw 3958 Guj

   R/CR.MA/22134/2022                                ORDER DATED: 04/05/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 22134 of 2022

                  In R/CRIMINAL APPEAL NO. 2402 of 2022

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                        STATE OF GUJARAT
                              Versus
               RASHMIRANJAN @ KANHA KAVIRAJ BAHERA
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Appearance:
MS JIRGA JHAVERI APP for the Applicant(s) No. 1
A S TIMBALIA(7372) for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MRS. JUSTICE M. K. THAKKER

                            Date : 04/05/2023

                        ORAL ORDER

(PER : HONOURABLE MRS. JUSTICE M. K. THAKKER)

This is an application filed by the State seeking leave to prefer appeal against judgment and order of the acquittal.

Ms.Jhaveri, learned APP submitted that before this Court that though prosecution has established the case of conscious possession of the respondent-accused of commercial quantity of the ganja, the respondent-accused were acquitted. Learned APP, Ms.Jhaveri, further submitted that all mandatory procedure has been followed prescribed under the Act. The contraband articles were found from the train from the conscious possession of the respondent-accused. Ms.Jhaveri, learned APP further submitted

R/CR.MA/22134/2022 ORDER DATED: 04/05/2023

that learned Judge had committed error in acquitting the respondent-accused on the ground that no independent witnesses were examined by the prosecution. Ms.Jhaveri, learned APP submitted that though prosecution established the case beyond reasonable doubt, learned Judge committed grave error in acquitting the respondent-accused.

Considering the submission made by learned APP, this Court finds that matter requires consideration. Hence, application for leave to prefer appeal is allowed.

(UMESH A. TRIVEDI, J)

(M. K. THAKKER,J) ASHISH M. GADHIYA