Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2028 of 2001 Appellant :- State Of U.P. Respondent :- Jhooria And Others Counsel for Appellant :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
By way of instant government appeal, prayer has been made on behalf of State-appellant to grant leave to appeal against the judgment and order dated 20.02.2001 passed by IIIrd Additional Sessions Judge, Hamirpur whereby the accused- respondents - Jhooria, Ramzan and Nagi were acquitted of the charge under Section 18/20 of The Narcotic Drug and Psychotropic Substances Act, 1985 Police Station - Bhaudaha, District - Hamirpur.
As per prosecution version, on 18.12.1997 at about 05.00 A.M., accused-respondents Jhooria, Ramzan and Nagi were arrested by the police and 1 kg. 'ganja' (contraband) was recovered from their joint possession.
Learned trial court has acquitted the accused-respondents on the ground that the recovered contraband in question was not weighed on the spot. There are contradictions in the statement of witnesses of fact.
Perused the impugned judgment and order of acquittal, from which it is evident that recovered contraband in question was not weighed on the spot. Moreover, there are contradictions in the statement of witnesses of fact.
The view taken by the learned trial court is possible one, based on reasoning.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed.
Order Date :- 26.7.2018 I. Batabyal