- 1 -1 M.Cr.C.No.849/2010 20/2/2014 : Shri Umesh Pandey, learned Govt.
Advocate for the applicant State.
This application has been filed by the State Government under Section 378(III) Cr.P.C.seeking leave to appeal against the judgment dated 28.10.2009 passed by Special Judge, NDPS Act, Damoh in Special Case No.6/2007 whereby respondent has been acquitted of charges leveled against him under Section 8(G) and 20(Kha)(II).of Narcotics Drugs and Psychotropic Substance Act, 1985.
It is said that the police authorities through a informer on 26.9.2007 received information with regard to illegal storage of Ganja in the residential house of respondent accused situated in Satna.
Accordingly, an entry was made in Rojnamcha Sanha and on search 2kg 100 gm Ganja was seized from the house of the respondent.
It is said that all procedure was followed but he has been acquitted.
Taking me through the statement of witnesses and other material available on record, learned counsel for the State Government argued that seizure and all other formalities were done in accordance to law, inspite thereof, acquittal has been ordered.
On the perusal of the order passed by the Court below and on going through the record it is seen that acquittal has been ordered only on the ground that -:2:- procedure contemplated statutory in nature in the case of State of Punjab versus Baldeo Singh - 1999 Criminal Law Reporter (SC)456 in the matter of search and seizure has not been followed and the document Exhibit P/16 Panchnama does not show compliance with the mandatory provisions of informing the accused about the search and seizure.
That apart, learned Court found that no warrant of search was obtained by the competent authority and certain statutory violation has been indicated in the matter of seizure of property.
That apart, witness to the seizure P.W.3 R.P.Panthi has retracted from his statement and does not support prosecution.
He has been declared hostile.
As allegation has not been found to be beyond doubt, mainly because of statutory violation learned Court below acquitted the respondent.
Considering the same and finding no error in the judgment rendered by the Court below, no case is made out for granting leave.
Application is therefore, dismissed.
( Rajendra Menon) Judge mrs.mishra -2