UNION OF INDIA Vs. SATROHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the acquittal passed by learned Single Judge of the Allahabad High Court, Lucknow Bench, directing acquittal of the respondent (hereinafter referred to as the Rs. accused) by setting aside the judgment of conviction recorded by learned Additional District and Sessions Judge, Lucknow in Criminal Appeal No. 65 of 1993. The trial Court had convicted the respondent for offences punishable under Section 8(c) and 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short the Rs. Act) and sentenced to undergo RI for 10 years and fine of rupees one lakh with default stipulation.

(2.) Prosecution version in a nutshell is as follows:

(3.) Learned Counsel for the appellant submitted that the trial Court had relied upon the confession of the accused respondent and the grounds on which the High Court directed acquittal are (i) non examination of independent witnesses; (ii) lack of evidence to show exclusive ownership; and (iii) the alleged non compliance of Sections 42(2) and 50 of the Act.