STATE Vs. RAMA RATTAN MALHOTRA

JUDGEMENT

(1.) Present petition has been filed seeking leave to appeal against the order of acquittal dated 23 rd June, 2011 passed by learned Additional Sessions Judge, New Delhi. The relevant portion of the impugned judgment is reproduced hereinbelow:-

(2.) Mr. Manoj Ohri, learned APP for State submits that leave to appeal should be granted in the present case as learned Additional Sessions Judge failed to appreciate that the sample has failed as per Public Analyst and CFL certificates.

(3.) However, this Court in State Vs. Mahender Kumar & Ors., Criminal Appeal No. 54/1990 decided on 24 th January, 2008 has held as under:-