Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a learned Division Bench of the Himachal Pradesh High Court dismissing the application filed by the State in terms of Section 378(3) of the Code of Criminal Procedure, 1973 (in short the ‘Code’). The application was dismissed summarily by simply stating “Dismissed”.

3.The respondent faced trial for alleged commission of offences punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the ‘NDPS Act’).

4.The trial court directed acquittal on the ground that the evidence of the official witnesses cannot be accepted and accordingly the acquittal was recorded. The application under Section 378 was filed which as noted above was dismissed summarily.

5.Learned counsel for the appellant submitted that the manner of disposal of the application is contrary to the decisions of this court in a large number of cases.

6.Learned counsel for the respondent submitted that there is no merit in the case and, therefore, the High Court was justified in rejecting the application for grant of leave.

7.Section 378 (3) of the Cr.P.C. deals with the power of the High Court to