JABUNNISHA Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. Applicant was charged under Section 8/21 of N. D. P. S. Act in Criminal proceedings Case No. 27 of 2005 arising out from Case Crime No. 986 of 2005, to whom the Trial Sessions Judge (Additional Sessions Judge, Fast Track Court No. 3) Ghazipur acquitted vide judgment dated 8-2-2007, while acquitting the applicant, the trial Judge under the provisions of Section 452 Cr. P. C. also ordered that an amount of Rs. 64,110, which was seized from her possession be made good to her after the period of expiry of appeal and in case no appeal was filed.

(2.) SUBSEQUENTLY after 3 months, the applicant applied before the Trial Sessions Judge that the aforenoted amount, be restored, to which the learned Judge refused saying that order for restoration of the amount being already there in the judgment no further order was required in this behalf.

(3.) IT should be noticed there is a report (copy of which is on the record of the public prosecutor) that the prosecution intends to file no appeal against the impugned judgment. The limitation for filing an appeal has already expired. The judgment of the Trial Judge has, therefore, become final. An order for making good the amount seized from the applicant to her already exists. Therefore, there seems no legal obstruction to restore the said amount to her. The sole question which survives is that the order be got executed, which is not being done, and the applicant is made to suffer, and for this much, she is made to go to this Court under Section 482 Cr. P. C.