Court No. - 13
Case :- GOVERNMENT APPEAL No. - 4510 of 2009 Appellant :- State Of U.P.
Respondent :- Ram Khelawan Counsel for Appellant :- GA,P.K.Singh
Hon'ble Umesh Chandra Tripathi,J.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the judgment and order dated 4.3.2009 passed by Additional Sessions Judge, Fast Track Court No. 1, Kanpur Dehat whereby the accused/respondent Ram Khelawan was acquitted for the offence punishable under Section 20 (b) (11) NDPS Act, Police Station Ghatampur, District Kanpur Nagar.
As per prosecution version, on 29.7.1997 at about 10:00 PM, 125 gram charas was recovered from the possession of the accused/respondent Ram Khelawan by the police.
The alleged recovery of contraband article is much below the commercial quantity. Learned trial court held that there was non compliance of provision of Section 50 of the NDPS Act and there was material contradiction in the statements of witnesses of fact. Accordingly, learned trial court acquitted the accused-respondent.
Perused the impugned judgement. The view taken by the learned trial court is a possible view based on reasoning.
In view of above, this application seeking leave to appeal is, accordingly rejected and, consequently the appeal is also dismissed.
Order Date :- 27.7.2018 Jaswant