STATE OF MADHYA PRADESH Vs. SUNIL

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been instituted on an application for grant of leave to appeal under section 378 (3) of the Code of Criminal Procedure against the judgment of acquittal passed by the Special Judge, (NDPS Act), Harda.

(2.) It is matter of record that respondent Sunil faced trial upon charge under section 8 read with section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. After trial, he was acquitted of the charge by judgment dated 22.7.2006 passed in Special Case No.1/2005 (NDPS Act). Aggrieved by the aforesaid judgment of acquittal, this application for leave to appeal has been preferred by the State.

(3.) The facts of the case in brief, are as hereunder: On the information received from an informer, police party of P.S. Harda along with panch witnesses recovered 1.4 kilograms of Ganja kept in a blue bag from the possession of respondent Sunil in the presence of panch witnesses. The accused was arrested and all formalities as required under various provisions of NDPS Act, were observed.