STATE OF RAJASTHAN Vs. KANHAIYA LAL @ KANA

JUDGEMENT

(1.) This criminal leave to appeal has been filed against the judgment dated 02.03.2012, passed by the Special Judge, NDPS Cases and Additional District and Sessions Judge, Kekri, District Ajmer acquitting the accused-respondent of offence under Section 8/15 NDPS Act.

(2.) The limitations of this Court hearing criminal appeals against an order of acquittal have been well defined by the Hon'ble Supreme Court and also by this Court. It has been repeatedly held by the Hon'ble Apex Court that unless there are compelling and substantial reasons for interference with an order of acquittal, or where there are no reasonable grounds of challenge or chance of success in the appeal, leave to appeal against an order of acquittal ought not to be granted. A perusal of the impugned judgment dated 02.03.2012 passed by the Special Judge, NDPS Cases and Additional District and Sessions Judge, Kekri, District Ajmer, indicates that the learned trial court has found that in the course of investigation against the accused-respondent, the provision of Section 42(1) more particularly proviso thereof, Section 42(2), Section 50(1), 50(5) and 50(6) of NDPS Act, which require procedural integrity and strict compliance in view of the draconian penal provisions of the Act were not complied with. The court below also found that it was not satisfied beyond reasonable doubt on the basis of the prosecution evidence that the contraband material sent for examination of the FSL was not tampered with

(3.) The learned Public Prosecutor has not able to make any dent in the finding of the learned trial court that no attempt was made to obtain a search warrant from the Magistrate or competent Gazetted Officer as required under Section 41(1), or that grounds of belief obviating the need to obtain search warrant under the proviso of Section 42(1) of NDPS Act were not on record, that the information under Section 42(1) of NDPS Act or the detail of the grounds for belief under the proviso thereto was not sent to the superior officer within 72 hours, that Section 50 was not complied with and the accused was not given a real option to have himself searched by a competent Gazetted Officer or the nearest Magistrate or that even provisions of Section 57 of NDPS Act were not complied with in the course of investigation.