STATE OF CHHATTISGARH Vs. DEVENDRA SINGH

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed by the petitioner-State under Sec. 378(3) of the Cr.P.C. seeking leave to prefer appeal against the order of acquittal dtd. 23/3/2021, passed in Special Criminal (NDPS Act) Case No.18 of 2017 by the Court of learned Special Judge constituted under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") Ambikapur, District Surguja (C.G.), whereby the learned Special Judge has acquitted the accused-respondent herein for offence under Sec. 21(c) of the NDPS Act.

(2.) The case of the prosecution, in brief, is that on 14/6/2017 at about 22:40 hours, near Polytechnic College, Ring Road, Ambikapur within the ambit of Police Station Gandhinagar, District Surguja (C.G.) the accused (respondent herein) was found in possession and selling the following psychotropic substances: (1) 14 Avil Pheniramine Maleaste Injection- 10 ml each, total weight 140 ml; (2) 06 Clorfiniramin Mailiyet Injection- 30 ml each total weight 180 ml; (3) Rexogesic Buprenorthin Injection- 2 ml each, total 19 per pack ampul (total weight 38 ml) and (4) 50 Pentazocine Lactate Injection IP, 1 ml each (total weight 50 ml) and, thereby, committed the offence under Sec. 21(c) of the NDPS Act.

(3.) The learned Special Judge after conducting full-fledged trial and after appreciating the oral and documentary evidence available on record found that there is non-compliance of Sec. 55 of the NDPS Act and proceeded to acquit the accused-respondent herein for the aforesaid offence, against which the instant petition has been filed by the State seeking leave to prefer appeal against the aforesaid order of acquittal.