Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2837 of 2008 Appellant :- State Of U.P.
Respondent :- Ram Narayan Gupta & Another Counsel for Appellant :- D.R. Chaudhary
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 30.10.2007 passed by Additional Sessions Judge, Court No.1, Ballia whereby the accused- respondents - Ram Narayan Gupta and Shivji were acquitted of the charge under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station - Narhi, District - Ballia.
As per prosecution version, on 01.12.1992 at about 03.15 P.M., 5 kg. 500 grams and 5 kg. 400 grams of 'ganja' (contraband) were recovered from the possession of Ram Narayan Gupta and Shivji, respectively by the police in the presence of public witnesses - Shiv Jag Rai and Shivanand Pandey.
Alleged recovered contraband is below the commercial quantity. Public witnesses Shiv Jag Rai and Shivanand Pandey have not supported the prosecution version and stated before the court that no recovery has been made from the possession of the accused-respondents in their presence.
The view taken by the learned trial court is possible one, based on reasoning. Accordingly, I find no infirmity in the impugned judgment and order of acquittal passed by the court below.
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