Back
ARVIND KUMAR VERMA
State of Chhattisgarh – Appellant
Versus
Ganesh @ Ganu S/o Girdhari Yadav – Respondent
ORDER :
1. Heard on admission as well as on I.A. No. 01/2020, an application for condonation of delay in filing the appeal. The cause shown is found to be sufficient. The application stands allowed.
2. Also heard finally.
3. The State has sought leave to appeal under Section 378(3) of the Cr.P.C. against the impugned judgment of acquittal dated 30.10.2019 passed in Special Criminal (N.D.P.S.) Case No. 05/2017 by the court of Learned Special judge (NDPS Act) Sarguja Ambikapur (C.G.) whereby the learned trial Court has acquitted the accused/respondents from the charges punishable under Section 20(b)(ii)(b) of the Narcotic Dugs and Psychotropic Substances Act 1985 (for short the N.D.P.S. Act) in connection with Crime No. 222/2016, registered at Police Station Sitapur, District Sarguja (C.G.) by giving benefit of doubt holding that the prosecution has failed to prove the charges beyond reasonable doubt.
4. The brief facts, giving rise, to the instant appeal, are that on 06/12/2016, the Investigating Officer / Sub Inspector K.P. Gupta (PW-8) received a credible information by a informer against the respondents who were kept illegal contraband (Ganja) in her house at Village Bandana Yadavpar
The appellate court upheld the trial court's acquittal due to the prosecution's failure to comply with mandatory provisions of the NDPS Act, particularly Section 52A regarding the disposal of seized ....
Compliance with Section 50 of the NDPS Act is unnecessary when contraband is recovered from a bag in possession, not directly from a person.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
