SHRI RAM DUBEY Vs. STATE OF C.G.

JUDGEMENT

(1.) With the consent of both the parties, the petition is heard finally at the motion stage itself.

(2.) Brief facts required for disposal of the instant Cr.M.P. are that vide judgment dated 15.1.2000 passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act) Bastar at Jagdalpur in Special Criminal Case No. 26 of 1999 [State of Madhya Pradesh (now State of Chhattisgarh) vs. Om Prakash and two Others] all the three accused were acquitted by the trial Court of the charges framed against them.

(3.) Against the said judgment of acquittal, Criminal Appeal No.1898 of 2000 was preferred by the State against all the three accused arrayed as Respondents therein and on behalf of Respondent No.1 therein - Om Prakash memo of appearance was filed to represent him. On 10.7.2014, the Coordinate Bench of this Court disposed of the said Criminal Appeal No. 1898 of 2000 wherein on behalf of Respondent Om Prakash representation of Shri H.S. Patel, Advocate was mentioned and the impugned judgment dated 15.1.2000 in Special Criminal Case No. 26 of 1999 passed by the Special Judge under the NDPS Act, Jagdalpur was quashed and the case was remitted back to the Court of Special Judge under the NDPS Act, Jagdalpur for affording an opportunity of hearing to both the parties and adducing evidence and to pass a fresh judgment. The parties were directed to remain in attendance before the Court below on 25.8.2014.