SPLA/112/2022
2022 Latest Caselaw 3737 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 SPLA No. 112 of 2022
                                 with
                                 GA No. 58 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State/ appellant.

Shri K.K. Harbola, learned counsel for the respondent.

This application has been filed seeking leave to prefer appeal against the judgment of acquittal.

After hearing learned counsel for the parties, this Court is of the opinion that judgment passed by learned Special Sessions Judge, Champawat does not appear to be illegal one, as the police officer, prior to apprehending the respondent, on information regarding transportation and possession of charas by respondent while complying with Section 50 of the Narcotics Drugs and Psychotropic Substances, 1985 Act did make respondent aware of his right to be searched before a Magistrate or a Gazetted Officer and he directly called the Gazetted Officer of Police Department without giving such opportunity.

In that view of the matter, judgment passed by the learned Special Sessions Judge, Champawat does not suffer from any patent illegality, therefore, prima facie, we do not find any substantial or compelling ground to grant leave to prefer appeal against the judgment of acquittal. Therefore, leave to appeal is dismissed being devoid of any merit.

Since leave to appeal is rejected today, Government Appeal is not maintainable and the same is dismissed, as such.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 22.11.2022 (Grant urgent certified copy of this order, as per Rules.) SKS