State Of Chhattisgarh v. Smt.Savita Soni

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 1067 of 2014 • State Of Chhattisgarh Through: SHO, P.S. Gorella, Distt. Bilaspur (C.G.) ---- Applicant/Appellant

Versus

• Smt.Savita Soni W/O. Late Shri Shivam Thakur Aged About 35 Years R/o. Dewari Hathai P.S. Badwara, Distt. Katni, (M.P.) ---- Respondent 6-10-2015 Ms. Shobha Kashyap, Dy. Govt. Adv. for the applicant/appellant/State.

Heard on I.A. No. 1/15 for condonation of delay in filing the CRMP followed by acquittal appeal. On due consideration, the application is allowed. Delay in filing the CRMP is condoned.

Heard on Cr.M.P. for leave to appeal followed by acquittal appeal under sub-section (3) of Section 378 of the Cr.P.C. against the judgment dated 4-8-2014 passed by the Special Judge (Narcotic Drugs and Psychotropic Substances Act), Bilaspur in Special NDPS Case No. 39 of 2013 whereby and whereunder learned court below acquitted the respondent for the charges of keeping 9 kg of Ganja with her.

For the purpose of leave to appeal, perused the impugned judgment, evidence adduced before the trial Court and the charge sheet.

On due consideration, in the opinion of this Court, it is a fit case for grant of leave to appeal. Consequently,

instant Cr.M.P. is allowed. Leave to appeal is granted. Registry is directed to register the matter under the head of acquittal appeal. Call for the record of the Court below through usual and fax mode.

On appellant's paying PF within 7 days, notice be issued to the respondent through usual and RAD mode returnable within 4 weeks for the purpose of representation. List the matter immediately after service report of respondent is received and record is available for further hearing.

Cr.M.P. allowed.

Sd/- Chandra Bhushan Bajpai Judge Pathak