The State Of Madhya Pradesh vs Prahlad @ Mama
2021 Latest Caselaw 2684 MP

                                                                     1                           MCRC-3149-2021
                                          The High Court Of Madhya Pradesh
                                                    MCRC-3149-2021
                                             (THE STATE OF MADHYA PRADESH Vs PRAHLAD @ MAMA AND OTHERS)


                                  Jabalpur, Dated : 24-06-2021
                                        Heard through Video Conferencing.

                                        Shri Pradeep Gupta, learned G.A. for the applicant-State.
                                        This application has been filed under Section 378 (III) of Cr.P.C. for
                                  grant of leave to file appeal against the judgment dated 11/01/2020 passed by
                                  learned Special Judge (NDPS Act), Anuppur in Special Case No.5/2018,

                                  whereby learned Judge acquitted the respondents from the charge punishable

under Sections 20(B)(ii)(c) read with Section 25, 29 of the NDPS Act.

On due consideration of the facts and circumstance of the case and the material evidence available on record, I am of the view that it is a fit case in which permission for grant of leave to appeal can be allowed, meaning thereby, the matter has to be admitted for final hearing.

Accordingly, the application filed by the applicant u/S.378(III) of Cr.P.C. is allowed and permission for grant of leave to appeal is granted.

A s a consequence of this order, this M.C.R.C. be converted into

criminal appeal and registered as criminal appeal and be proceeded as per rules, as admitted.

On payment of requisite process fee, office is directed to issue bailable warrant against the respondents in the sum of Rs.25,000/- each with separate surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry/Office of this Court on 04/10/2021 and on all other subsequent dates as may be fixed by the Office in this behalf.

With the aforesaid, this petition is disposed of.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.06.24 17:41:21 IST