STATE OF U.P. Vs. ASHOK KUMAR SONI

JUDGEMENT

(1.) THIS leave to appeal arises out of judgment dated 25.8.2009 passed by Additional Sessions Judge, Court Nos. 5, Pratapgarh in Criminal Case Nos. 23 of 2008 and S.T. Nos. 195 of 2008 recording acquittal of the accused respondents of the offences under Section // of N.D.P.S. Act and Section I.P.C.

(2.) WE have heard learned State Counsel and perused the materials on record.

(3.) LEARNED State Counsel submitted that since contraband item was found in possession of the accused -respondent, the presumption is that he had possessed it illegally and, therefore, the impugned order is perverse. He further submitted that provisions which have been held mandatory for application in the case are, in fact, directly in nature.