Court No. - 42
Case :- APPLICATION U/S 482 No. - 21871 of 2019 Applicant :- Ajay Ram @ Ram Pandit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant has approached this court against the order dated 25.2.2019 passed by Special Judge (N.D.P.S. Act)/Additional Sessions Judge-III, Mathura in S.S.T. No. 311 of 2017 (State vs. Ajay Ram) arising out of case crime no. 657 of 2017 under section 21/22 of N.D.P.S. Act whereby his application praying for getting fresh report regarding exact amount of contraband in the alleged mixture of contraband recovered has been rejected.
Learned counsel for the applicant has relied upon the judgement of Apex Court in Hira Singh & another Vs. Union of India & another, 2017 (8) SCC 162 and E.Micheal Raj Vs. Intelligence Officer, Narcotic Control Bureau, ,2008 AIR (SC) 1720, wherein Apex Court has held that quantity of contents of narcotic drug which is relevant for determination of quantity is required to be considered. .
In view of the ratio of the Apex Court in the aforesaid judgement, order of the trial court cannot be sustained and is hereby quashed.
The application is allowed.
The matter is remanded to the court concerned to pass fresh order on the application of the applicant in accordance with law settled by the Apex Court.
Order Date :- 25.6.2019 Atul kr. sri.