State Of Rajasthan vs Rajendra Singh Alias Raju Singh ...
2026 Latest Caselaw 1269 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Rajendra Singh Alias Raju Singh ... on 31 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:5689]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Crml Leave To Appeal No. 279/2025

State Of Rajasthan, Through Pp
                                                                   ----Appellant
                                     Versus
Rajendra Singh Alias Raju Singh S/o Bhairu Singh, Aged About
55 Years, Sagrana Police Station Neemach Cent District
Neemach, Madhyapradesh
                                                                 ----Respondent


For Appellant(s)          :     Mr. NS Chandawat, Dy.G.A.
For Respondent(s)         :     --


                HON'BLE MR. JUSTICE FARJAND ALI

Order

31/01/2026

1. The leave to appeal is barred by 99 days.

2. The matter comes upon an application filed under Section 5

of the Limitation Act for condonation of delay occasioned in

filing of the leave to appeal.

3. For the reasons stated in the application, the same is

allowed.

4. The delay is hereby condoned. The leave to appeal shall be

treated within limitation.

5. The present application seeking leave to appeal has been

placed before this Court for consideration.

6. 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.

(Uploaded on 31/01/2026 at 02:21:37 PM)

[2026:RJ-JD:5689] (2 of 2) [CRLLA-279/2025]

7. 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.

8. In a prosecution launched against the respondent, the

learned trial court after full-fledged trial acquitted the

respondent.

9. Upon perusal of the judgment impugned, there appears

reasonable grounds to permit the State to prefer an appeal

against the acquittal of the accused-respondent from the

penal provisions of the NDPS Act.

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

frivolous nor vexatious and that the issues raised deserve

consideration by the appellate Court.

11. 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.

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

the time of hearing on the question of admission of the

appeal.

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

(FARJAND ALI),J 5-Samvedana/-

(Uploaded on 31/01/2026 at 02:21:37 PM)

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