IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 17 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 20055 of 2016 THE STATE OF MADHYA PRADESH Versus BIHARILAL GUPTA Appearance:

Shri Atmaram Bain- Dy GA for petitioner/State.

None for respondent.

ORDER Being aggrieved by the judgment of acquittal dated 03.03.2016 passed Special Judge, NDPS Act, 1985, Anuppur, District Anuppur (MP), in Special CaseNo.38/2010 whereby learned Court below acquitted to the respondent from the Offences punishable U/s 20(B) (ii) (B) of NDPS Act, 1985.

2. This petition has been preferred seeking leave to appeal by the State Govt. Learned counsel for the petitioner/State submitted that there is sufficient material on record to convict the accused. It is further submitted that the seizure from the accused has been proved by the prosecution beyond reasonable doubt but, the trial court has acquitted the accused on technical grounds. It is further submitted that 12 kgs of ganja have been found in the possession of the accused and therefore, it is prayed that leave to appeal be granted.

3. After hearing the learned counsel for the State and findings recorded by the trial Court