State Of Rajasthan vs Rajkumar
2021 Latest Caselaw 16844 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Leave To Appeal No. 331/2018

State of Rajasthan, Through PP

----Appellant Versus Rajkumar S/o Sh. Lakhpatram, Aged About 32 Years, B/c Bishnoi r/o 1 Idg Rasuwala , P.S. Sangariya , Hanumangarh

----Respondent

For Appellant(s) : Mr. SK Vishnoi, P.P For Respondent(s) : Mr. Anil Gupta on behalf of Mr. Shree Kant Verma

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

11/11/2021

This application seeking leave to appeal has been filed under

Section 378 Cr.P.C against the judgment and order dated

07.12.2017 passed by learned Additional Sessions Judge,

Sangariya District Hanumangarh(Rajasthan) in Sessions case No.

05/2016, whereby the accused-respondent was acquitted from the

offences punishable under Sections 8/15 of the NDPS Act, 1985.

Heard learned Public Prosecutor as well as learned counsel

for the respondent and perused the record of the trial Court as

well as impugned order.

As per prosecution story 10 Kg poppy husk was recovered

from the possession of the respondent; he was arrested on

01.04.2015 and released on 04.05.2015; he faced the trial

sincerely and after trial he was acquitted from the offences under

Section 8/15 of the NDPS Act on 07.12.2017. Learned trial Court

while acquitting the accused assigned elaborate reasons which

(2 of 2) [CRLLA-331/2018]

includes inter-alia, non compliance of mandatory provisions of the

NDPS Act and irregularity in sealing the samples.

In the facts and circumstances of the case, so also the

quantity of the contraband alleged to be recovered from the

possession of the respondent, there is no ground to grant leave to

appeal against the impugned judgment and order of acquittal.

Hence, this leave to appeal is dismissed accordingly.

(RAMESHWAR VYAS),J

72-rahul arya/-

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