Court No. - 13
Case :- GOVERNMENT APPEAL No. - 8298 of 2007 Appellant :- State Of U.P.
Respondent :- Kishore Counsel for Appellant :- Govt.Advocate
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 03.08.2007 passed by Additional Sessions Judge, Court No.10, Agra whereby the accused- respondent - Kishore was acquitted of the charge under Section 22 of The Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'Act, 1985') Police Station - Lohamandi, District - Agra.
As per prosecution version, on 31.10.2000 at about 07.20 A.M., 40 grams 'diazapem' (contraband) was recovered from the possession of accused-respondent by the police.
Alleged recovered contraband is much below the commercial quantity. Due to non-compliance of provision of Section 30 of Act, 1985 and material contradiction in the statement of witnesses of fact, learned trial court has acquitted the accused- respondent.
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 :- 27.7.2018 I. Batabyal