State Of Rajasthan vs Kanhaiyalal (2026:Rj-Jd:4748)
2026 Latest Caselaw 1190 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Kanhaiyalal (2026:Rj-Jd:4748) on 27 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:4748]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Crml Leave To Appeal No. 298/2025

State Of Rajasthan, Through Pp
                                                                    ----Appellant
                                     Versus
1.       Kanhaiyalal S/o Heeralal, Faredi Police Station Arnod
         District Pratapgarh
2.       Ishwarlal Alias Karulal S/o Narayanlal, Faredi Police
         Station Arnod District Pratapgarh
                                                                 ----Respondents


For Appellant(s)          :     Mr. Surendra Bishnoi, AGA
For Respondent(s)         :     --



                HON'BLE MR. JUSTICE FARJAND ALI

Order

27/01/2026

1. The present application seeking leave to appeal has been

placed before this Court for consideration.

2. 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.

3. 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.

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[2026:RJ-JD:4748] (2 of 2) [CRLLA-298/2025]

4. In a prosecution launched against the respondents, the

learned trial court after full-fledged trial acquitted the

respondents.

5. 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.

6. This Court is satisfied that the proposed challenge is neither

frivolous nor vexatious and that the issues raised deserve

consideration by the appellate Court.

7. 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.

8. Opportunity of hearing shall be afforded to the respondent at

the time of hearing on the question of admission of the appeal.

9. Office is directed to proceed in accordance with law.

(FARJAND ALI),J 76-Samvedana/-

(Uploaded on 28/01/2026 at 05:29:30 PM)

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