[Cites 16, Cited by 0]
Rajasthan High Court - Jodhpur
State Of Rajasthan vs Vasna Ram (2026:Rj-Jd:15918) on 7 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:15918]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 207/2025
State Of Rajasthan, Through Pp
----Appellant
Versus
1. Vasna Ram S/o Sujana Ram, R/o Bahdu And Daron Ki
Dhani Sarnau Ps Sanchore Dist Jalore
2. Prataparam S/o Kishana Ram, R/o Bhadu And Daron Ki
Dhani Sarnau Ps Sanchore Dist Jalore
3. Prafull Kumar S/o Bhupendra Kumar, R/o Bawsar Ps
Badali Dist Sabarkantha Gujrat
4. Prakash S/o Baringa Ram, R/o Kukawas Ps Bagoda Dist
Jalore Present Constable No 858 Ps Bekariya Dist Udaipur
5. Kamlesh Kumar Urf Kamlesh S/o Gajaram, R/o Jalaveda
Nadi Sariyana Ps Jhab Dist Jalore
----Respondents
For Appellant(s) : Mr. NS Chandawat, PP
For Respondent(s) : Mr. Devendra Delu
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/04/2026
1. There is a delay of 26 days, in filing the present application
seeking leave to appeal under Section 419 of the Bharatiya
Nagarik Suraksha Sanhita against the judgment dated
20.03.2025 passed by the learned Presiding Officer, Special
Judge, NDPS Cases, Sirohi (Rajasthan) in Sessions Case No.
03/2016 arising out of FIR No. 104/2015, Police Station
Barlut, whereby the accused-respondents were acquitted of
the offences under Sections 8/15, 25, 29 of the NDPS Act,
(Uploaded on 13/04/2026 at 12:56:37 PM)
[2026:RJ-JD:15918] (2 of 5) [CRLLA-207/2025]
1985 and Sections 201, 221, 403, 419, 420, 467, 468, 471,
474 IPC by extending benefit of doubt.
2. The matter comes up for consideration on an application filed
under Section 5 of the Limitation Act, 1963 seeking
condonation of delay in filing the present leave to appeal as
well as the appeal.
3. The application has been perused and the explanation
furnished therein has been duly considered. It is revealed
that after pronouncement of the impugned judgment on
20.03.2025, an application for obtaining the certified copy
was moved on 25.03.2025, which was prepared and
delivered on 01.04.2025. Thereafter, the Special Public
Prosecutor (NDPS Act), Sirohi, upon receipt of the certified
copy, forwarded the case record along with legal opinion to
the District Collector, Sirohi, vide communication dated
08.04.2025 for necessary action.
4. The District Collector, Sirohi, after examining the entire
material available on record and considering the legal
opinion, forwarded the matter to the Law Department, Jaipur
for further action.
5. The matter was thereafter considered at various levels in the
Law Department, Jaipur, and upon due deliberation and
examination of all relevant aspects, a decision was taken to
challenge the impugned judgment before this Court.
Consequently, sanction/approval was accorded by the Law
and Legal Affairs Department, Jaipur, vide order dated
(Uploaded on 13/04/2026 at 12:56:37 PM)
[2026:RJ-JD:15918] (3 of 5) [CRLLA-207/2025]
27.05.2025, which was received in the office of the
Government Advocate, Jodhpur on 23.06.2025. The matter
was then entrusted to the Public Prosecutor for preparation
of the leave to appeal and the appeal. In this regard,
necessary communication was made to the Special Public
Prosecutor (NDPS), Sirohi to coordinate and supply requisite
records, who accordingly contacted the office and furnished
the necessary documents.
6. Thereafter, upon examination of the entire record and the
impugned judgment, the Public Prosecutor prepared the
present application for leave to appeal along with application
under Section 5 of the Limitation Act on 14.07.2025, which
was duly typed and filed through e-filing on the same day.
7. Having regard to the sequence of events and the explanation
furnished, this Court finds that the delay has occurred due to
bona fide administrative and procedural requirements
involving movement of the file through various authorities
and departments. It is well settled that in matters where the
State is the applicant, some latitude is permissible, as the
decision-making process involves multiple levels of scrutiny
and procedural formalities.
8. This Court is satisfied that the delay is neither intentional nor
deliberate, but has occurred due to the time consumed in
obtaining approvals and processing the matter at different
administrative levels. In order to advance substantial justice,
a liberal approach is warranted.
(Uploaded on 13/04/2026 at 12:56:37 PM)
[2026:RJ-JD:15918] (4 of 5) [CRLLA-207/2025]
9. Accordingly, the delay in filing the present leave to appeal as
well as the appeal is condoned. The application under
Section 5 of the Limitation Act stands allowed.
10. The present application seeking leave to appeal has been
placed before this Court for consideration.
11. It is trite that the grant of leave to appeal is a condition
precedent for the admission of an appeal and such leave is
neither automatic nor a matter of right, but rests within the
discretionary jurisdiction of the appellate Court. The purpose
of seeking leave is to obtain the Court's permission to assail
the impugned judgment before the appeal is formally
entertained.
12. At the stage of consideration of leave, the Court is not
expected to undertake a detailed examination of the merits
of the case. The scope of scrutiny is confined to ascertaining
whether the proposed appeal discloses arguable issues,
raises substantial questions of law or fact, or otherwise
demonstrates sufficient cause warranting appellate
interference.
13. In a prosecution launched against the respondents, the
learned trial court after full-fledged trial acquitted the
respondents.
14. Upon perusal of the judgment impugned, there appears
reasonable grounds to permit the State to prefer an appeal
against the acquittal of the accused-respondents from the
penal provisions of the NDPS Act and IPC.
(Uploaded on 13/04/2026 at 12:56:37 PM)
[2026:RJ-JD:15918] (5 of 5) [CRLLA-207/2025]
15. This Court is satisfied that the proposed challenge is neither
frivolous nor vexatious and that the issues raised deserve
consideration by the appellate Court.
16. Accordingly, the instant application seeking leave to appeal is
allowed. The memo of leave to appeal shall be treated as an
appeal and shall be registered as such.
17. Opportunity of hearing shall be afforded to the respondent at
the time of hearing on the question of admission of the
appeal.
18. Office is directed to proceed in accordance with law.
(FARJAND ALI),J
82-divya/-
(Uploaded on 13/04/2026 at 12:56:37 PM)
Powered by TCPDF (www.tcpdf.org)
