Rajasthan High Court - Jodhpur
State Of Rajasthan vs Sukhmendra Singh (2025:Rj-Jd:18581) on 15 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18581]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 488/2024
State Of Rajasthan, Through Pp
----Appellant
Versus
Sukhmendra Singh S/o Karnel Singh Jat Sikh, R/o Pakakallan,
Police Station Ramamandi, Tehsil Talwandi, Dist Bhatinda
(Punjab)
----Respondent
For Appellant(s) : Mr. Shriram Choudhary, AGA
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/04/2025
1. This leave to appeal is directed against the judgment dated
14.12.2023 passed by the Special Judge, NDPS Cases, Bhilwara in
Sessions Case No.8/2019 whereby the accused respondent was
acquitted from the charges under Section 8 r/w Section 15 of the
NDPS Act, 1985.
2. The appeal is reported to be delayed by 135 days. Though an
application under Section 5 of the Limitation Act has been filed, I
do not see any satisfactory reason or explanation therein to
convince this Court regarding the delay in filing the appeal. The
judgment was passed on 14.12.2023, and the appeal was
submitted before this Court on 28.10.2024. The affidavit of the
learned Public Prosecutor who appeared in the trial Court is
annexed with the application under Section 5 of the Limitation Act.
It is averred in para two of the application supported by affidavit,
that he moved an application for obtaining the certified copy on
[2025:RJ-JD:18581] (2 of 3) [CRLLA-488/2024]
17.01.2024, which was provided on 19.01.2024. Thereafter, he
had forwarded all relevant material on 30.01.2024 to District
Collector, Bhilwara. The District Magistrate and Collector, Bhilwara
forwarded the matter to the Law Department, Jaipur on
05.02.2024. The Law and Legal Affairs Department granted
permission to file an appeal on 27.05.2024, which was received by
the office of Government Advocate, Rajasthan High Court, Jodhpur
on 06.06.2024.
3. What transpired between 06.06.2024 to 28.10.2024 is
nowhere explained either in the application under Section 5 of the
Limitation Act or in the affidavit supporting. The State Authority
does not enjoy more power than an individual when it comes to
the explanation under Section 5 of the Limitation Act. Each days'
delay must be explained vividly in the application, supported by an
affidavit. After hearing learned counsel for the State, I am of this
considered view that no satisfactory explanation has been
furnished to justify the inordinate delay in filing of the appeal,
therefore, the appeal deserves to be dismissed on this ground
alone.
4. However, solely for the purpose of satisfaction and with the
view that a meritorious matter should not be thrown out on mere
ground of technicalities, this Court has had a cursory look at the
judgment under assail.
5. The accused-respondent was prosecuted for being in
possession of 6.500grams of poppy husk. The recovery in this
case was made by one Shri Hanuman Ram, Head Constable and
the matter was reported to the police through Exhibit.P11 to the
SHO, P.S. Pratap Nagar. Apparently, the seizure was not made in
[2025:RJ-JD:18581] (3 of 3) [CRLLA-488/2024]
accordance with the provision contained under Sections 41 and 42
of the NDPS Act. A Head Constable is not empowered to carry out
search and seizure of the contraband and arrest an accused. Any
seizure by an unauthorised police officer vitiates the recovery and,
consequently, the conviction.
6. The judgment of acquittal is well reasoned and elaborately
explained by the learned trial Court which warrants no
interference. Furthermore, the Appellate Court should be reluctant
or slow to interfere with a judgment of acquittal unless it is found
to be the result of total non-consideration of the material brought
on record, or is based on misappreciation of evidence, or is
vitiated by a serious legal defect. No such circumstances are
evident in the present matter.
7. Thus, considering the overall facts and circumstances of the
case, the appeal is dismissed both on the ground of limitation and
on merits.
(FARJAND ALI),J
97-Samvedana/-
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