Gujarat High Court
State Of Gujarat vs Vishnubhai Ambalal Patel on 10 February, 2025
NEUTRAL CITATION
R/CR.MA/7552/2022 ORDER DATED: 10/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 7552 of
2022
In R/CRIMINAL APPEAL NO. 817 of 2022
With
R/CRIMINAL APPEAL NO. 817 of 2022
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STATE OF GUJARAT
Versus
VISHNUBHAI AMBALAL PATEL & ANR.
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Appearance:
Mr. Bhargav Pandya, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 10/02/2025
ORAL ORDER
1. Heard learned APP Mr. Bhargav Pandya for the
applicant - State and perused the impugned judgment and
order of acquittal.
2. The State has preferred the present application seeking
leave to appeal against the judgment and order of acquittal
dated 18.07.2019 passed by the learned Additional Judicial
Magistrate First Class, Visnagar in Criminal Case No. 657 of
1994 and Criminal Case No. 572 of 1994, whereby, the
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R/CR.MA/7552/2022 ORDER DATED: 10/02/2025
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learned Trial Court acquitted the opponent for the offence
punishable under Rule 65(5)(3), 65(5)(1) read with Section
18(a)(1), 18(c) and 18(b) read with Section 27 and 28(a) of
the Drugs and Cosmetics Act, 1940.
3. Learned APP submits that the prosecution had
examined 04 witnesses and produced 43 documentary
evidences but the learned Trial Court has not appreciated
the evidence properly and the impugned judgment and
order of acquittal has resulted into miscarriage of justice.
The prosecution has a good case on merits and the
application may be allowed.
3.1 Learned APP has placed on the order of this Court
passed in State of Gujarat V. Prafulbhai Kansinh Zala in
CR.M.A. No. 14092 of 2024, wherein, this Court in para 10
has observed as under:
"10. In view of the aforesaid analysis of the provisions
of law and also the relevant judgment of the Apex
Court as well as other High Court on the very
issue, this Court is of the view for the purpose of
seeking leave to appeal under Section 378(3) of
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R/CR.MA/7552/2022 ORDER DATED: 10/02/2025
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the Code of Criminal Procedure, equivalent
Section 419 of BNSS. Against the judgment and
order of acquittal by the trial Court/Sessions
Court, no separate application seeking leave to
appeal is required to be filed by the appellants. It
is sufficient fulfillment of the requirement of the
provisions of law to make a prayer seeking leave
to appeal within the memo of appeal. The
composite petition/appeal memo praying for leave
to appeal, admission of appeal and challenge to
impugned judgment and order of acquittal will
meet with the requirement of provisions of the
Code.
4. Perused the impugned judgment and order of acquittal
and heard learned APP and considering the facts and
circumstances of the case , this is a fit case to grant leave to
appeal. Consequently, the present application is allowed
and is disposed of accordingly.
(S. V. PINTO,J)
VASIM S. SAIYED
