STATE OF SIKKIM Vs. JIGMEE DORJEE BHUTIA

JUDGEMENT

(1.) Heard Mr. J.B. Pradhan, learned Public Prosecutor appearing for the Applicant/State of Sikkim as well as Mr. Ajay Rathi and Ms. Sushma Pradhan, learned Counsel who have entered appearance on behalf of the Respondent.

(2.) This is an application under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short, 'Cr. P.C.') seeking leave to appeal against the impugned judgment and order dated 31.08.2009 passed by the learned Special Judge, NDPS Act, East and North Sikkim, Gangtok in Sessions Trial (NDPS) Case No. 05 of 2006 whereby the Respondent was acquitted from the charge under Section 22(a)/27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

(3.) The factual matrix of the case in brief is that the respondent was arrested on 06.09.2005 under Section 22(a)/27 of the Act on suspicion of being in possession, of some contraband drugs in the black coloured bag which he was allegedly carrying at the relevant time. Such arrest was made by the Sadar Police Station on the basis of a F.I.R. lodged by one ASI Ash Bahadur Rai (PW 1) after registering the police case being Sadar PS. Case No. 121(9)/05 dated 06:09.2005.