Gujarat High Court
State Of Gujarat vs Manuji @ Golako Jagaji Thakor on 29 November, 2023
NEUTRAL CITATION
R/CR.MA/21127/2023 ORDER DATED: 29/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 21127
of 2023
In R/CRIMINAL APPEAL NO. 2630 of 2023
With
R/CRIMINAL APPEAL NO. 2630 of 2023
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STATE OF GUJARAT
Versus
MANUJI @ GOLAKO JAGAJI THAKOR
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Appearance:
MS VRUNDA SHAH, APP PUBLIC PROSECUTOR for the Applicant(s) No. 1
MR P B KHANDHERIA(5228) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 29/11/2023
COMMON 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 dated
31.01.2023 passed by the learned Special Judge (NDPS) and
Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in
Special (NDPS) Case No.8 of 2017.
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R/CR.MA/21127/2023 ORDER DATED: 29/11/2023
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2. Heard, learned APP Ms. Vrunda Shah for the applicant
and perused the impugned judgment and order of the trial
Court.
3. Learned APP Ms. Vrunda Shah submits that though it
was the case of the prosecution, that on 23.08.2017, the
police was on petrolling duty, received a secrete information
to the fact that two persons riding on the Honda Motorcycle,
coming from Chaloda to Badarkha, having the possession of
some narcotic substance and thereafter, during the search,
the narcotic substance was found from the possession of the
respondent - accused. Learned APP had drawn attention of
this Court with regard to the evidence of P.W.11 and P.W.13,
wherein, the procedure prescribed under the Act, appears to
have been followed. Learned APP further drawn attention of
this Court with regard to the observation made by the learned
trial Court about following the procedure under Section-50 of
the N.D.P.S. Act. It is observed by the learned trial Court in
the impugned judgment and order that there was non-
compliance of the provision under Section 52A of the N.D.P.S.
Act as P.W.11 and P.W.13 had not deposed in their testimony
NEUTRAL CITATION
R/CR.MA/21127/2023 ORDER DATED: 29/11/2023
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with regard to the disposal of the seized drugs as well as with
regard to the place, where the samples were placed. Learned
APP further drawn attention of this Court with regard to the
FSL opinion below Exh.18, wherein, the FSL Officer opined
that the sample/seal was in intact condition when they had
received. Learned APP further submits that on non-supporting
the panch-witnesses to the case of the prosecution, the doubt
was created by the learned tiral Court and the Government
Officers, who were examined and supported the case, their
testimonies were discarded while passing judgment and order
of the acquittal.
4. Considering the avernments made in the application and
submissions made by the learned advocates appearing for the
respective parties, this Court finds that there is some
arguable case in favour of the applicant, therefore, leave, as
prayed for, is granted. This application is allowed.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Mr. P.B. Khandheria, learned
advocate waives service of notice of admission on behalf of
NEUTRAL CITATION
R/CR.MA/21127/2023 ORDER DATED: 29/11/2023
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respondents - accused.
2. Record and proceedings be called for from the
concerned court. Registry is directed to list the Criminal
Appeal in seriatim.
(M. K. THAKKER,J)
A. B. VAGHELA
