Court No. - 50
Case :- GOVERNMENT APPEAL No. - 3682 of 2002 Appellant :- State Of U.P.
Respondent :- Mantu Yadav Counsel for Appellant :- Govt. Advocate
Hon'ble Harsh Kumar,J.
Heard learned AGA for the State and perused the record.
The application has been moved by State for leave to file appeal against the impugned judgment and order dated 26.2.2002 passed by Additional Sessions Judge/Fast Track Court No.1, Gorakhpur in S.T. No.2 of 1998 (State Vs. Mantu Yadav), acquitting the accused-respondent from the charges under section 8/20 N.D.P.S. Act.
Upon hearing learned AGA and perusal of record, I find that the trial court has discussed and analyzed the prosecution evidence in detail and upon analyzation of prosecution evidence on record has come to the conclusion that the prosecution has failed to prove compliance of provisions of sections 52, 55 and 57 of N.D.P.S. Act and has failed to prove the case regarding recovery of prohibited contraband from respondent on 26.9.1997.
It is settled principle of law as held by Hon'ble the Supreme court in the case of K. Prakashan Vs. P.K. Surenderan, (2008) 1 SCC 258 "When two views are possible, appellate Court should not reverse the Judgment of acquittal merely because the other view was possible. When Judgment of trial Court was neither perverse, nor suffered from any legal infirmity or non consideration/misappropriation of evidence on record, reversal thereof by High Court was not justified".
In view of discussions made above, I have come to the conclusion that the learned AGA has failed to show any legal infirmity, incorrectness or perversity in the impugned order of acquittal and there is no sufficient ground for interfering with or setting it aside the impugned order of acquittal and substituting it with conviction order. The application for leave to file appeal has no force and is liable to be dismissed.
The application for leave to file appeal is dismissed accordingly and the appeal also stands dismissed.
Order Date :- 29.5.2018 Tamang
Order on Memo of Appeal Hon'ble Harsh Kumar,J.
Dismissed.
For order, see order of date passed on application for leave to file appeal.
Order Date :- 29.5.2018 Tamang