UNION OF INDIA Vs. MULTANA RAM AND ANR.

JUDGEMENT

(1.) In the instant appeal, appellant Union of India, through the Superintendent, Office of the Additional Commissioner, Customs Duty, Jodhpur has submitted an application under Sec. 52A(1) of the Narcotic Drugs and Psychotropic Substances Act (for short, "NDPS Act") for disposal of the poppy straw seized in Sessions Case No. 112 of 1997 during pendency of the appeal.

(2.) The appellant has filed the aforesaid appeal challenging the judgment and order of the special Judge, NDPS Cases Court, Jodhpur (for short "the Trial Court") in Sessions Case No. 112 of 1997, by which accused-respondents have been acquitted of the offence under Sec. 8/15 of the NDPS Act. While passing the impugned judgment and order, the Trial Court order that the poppy husk may be disposed of after expiry of the period of limitation and in case an appeal is filed then after decision thereof. The instant application under Sec. 52A(1) of the NDPS Act has been filed stating therein that on account of paucity of space for storage and looking to the nature of the seized poppy straw, the appellant may be permitted to dispose of the poppy straw during pendency of the appeal because the disposal of appeal may take some time. Alongwith the application, the appellant has also filed a copy of the Certificate of Verification of Inventory issued by the Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Phalodi.

(3.) Learned counsel appearing for the accused-respondents has no objection if the said application is allowed.