Advocates:
['F A NATNOO', 'AAG', '', 'DEWAKAR SHARMA', 'DY AG', 'A K SHAN', '', 'SUPREET R S JOHAL']

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

SLA No. 53/2018

c/w

CONCR No. 44/2018

State of J&K

…..Appellant(s)/Petitioner(s)

Through: Mr. Amit Gupta, AAG.

q

vs

Navjyot Singh and another

.…. Respondent(s)

Through: Mr. K. S. Johal, Sr. Advocate with

Mr. Supreet Singh Johal, Advocate.

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE

ORDER

CONCR No. 44/2018

The present application has been filed by the applicant seeking

condonation of delay in filing the acquittal appeal against the judgment dated

26.12.2017 passed by the court of learned Additional Sessions Judge, Kathua .

Objections to the application seeking condonation of dealy stands

filed. There is delay of 79 days in filing the acquittal appeal against the judgment

dated 26.12.2017.

For the reasons stated in the application, the same is allowed. Delay

in filing the acquittal appeal is condoned.

The present application is, accordingly, disposed of.

SLA No. 53/2018

This is an application seeking leave of this Court to file the acquittal

appeal against the judgment dated 26.12.2017 passed by the court of learned

Additional Sessions Judge, Kathua, whereby the respondents have been acquitted

of the charges under Section 8/21/22/29 NDPS Act in FIR No. 81/2016 registered

with Police Station, Hira Nagar.

Sr. No. 12

2 SLA No. 53/2018

c/w

CONCR No. 44/2018

Objections stands filed by the respondents, in which it has been stated

that there is no evidence against the respondents so as to warrant conviction of the

respondents.

After having heard learned counsel for the parties, we are of the

considered opinion that there is evidence on record that requires appreciation, so

as to find out whether the judgment of the acquittal recorded by the court of

learned Additional Sessions Judge, Kathua is in consonance with law or not and

that can be done only when we grant leave to the applicant to file the acquittal

appeal.

In view of what has been discussed above and for the reasons stated in

the application, the same is allowed. We grant leave to the applicant to file the

acquittal appeal.

The present application is, accordingly, disposed of.

Registry is directed to diarize the main appeal and list the same on

27.12.2022.

(PUNEET GUPTA)

(RAJNESH OSWAL)

JUDGE JUDGE

Jammu

20.12.2022

Sahil Padha