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2023 Supreme(Del) 69

PURUSHAINDRA KUMAR KAURAV
State Through Secretary GNCT Of Delhi – Appellant
Versus
Babu Khan S/o Sh. Liyakat Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Pradeep Gahlot, Adv
For the Respondent:Shri Imran Khan, Advocate

JUDGMENT :

1. This appeal under Section 378 of the Code of Criminal Procedure (in short, “Cr.P.C.”) is directed against the impugned judgment of acquittal dated 12.12.2014, passed by learned Special Judge (NDPS), Additional Sessions Judge, (North-East), Karkardooma Courts, Delhi in Sessions Case No.151 of 2007 arising out of FIR No. 09/2007 of Police Station Narcotics Branch registered under Sections 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “NDPS Act”).

2. Learned APP for the appellant/State submits that the impugned judgment of acquittal is illegal and improper and the same has been passed in ignorance of material evidence against the respondents. He, therefore, submits that the learned trial court has erred in acquitting the respondents.

3. Learned counsel appearing on behalf of the respondents, on the other hand, opposed the prayer and submitted that the learned trial court has rightly came to the conclusion that the prosecution has failed to prove the case beyond a reasonable doubt. According to him, the reasoning given by the learned trial c

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