State Of Chhattisgarh v. Bhagwat

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 556 of 2015 State of Chhattisgarh Versus Bhagawatg motion 10/07/2015 Ms. Shobha Kashyap, Deputy Govt. Advocate for the State/appellant.

This Cr.M.P. followed by acquittal appeal is preferred against the judgment passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1989, Rajnandgaon, C.G. in Special Criminal Case No.10/14 whereby and whereunder learned trial Court acquitted the accused for the charge framed under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1989, as not proved and on account of reasonable suspicion.

The Cr.M.P. and acquittal appeal is preferred within its limitation.

For the purpose of special leave to appeal under Section 378(3) of the Cr.P.C., material submitted along with memo of appeal is perused.

On due consideration, I am inclined to allow the Cr.M.P. to grant special leave to the appellant on the basis of the material available on record.

Consequently, the Cr.M.P. is allowed and the Registry is directed to list the matter under the head of acquittal appeal. Also heard on admission.

The acquittal appeal admitted for consideration. Record of the trial Court be called for through usual mode and fax mode.

The appellant is directed to pay P.F. within 7 days from now.

Let notice be issued to the respondent through usual mode and registered mode regarding his representation in the hearing before this Court.

Registry is directed to list the matter for further hearing after notice to the respondent is complete and trial Court's record is available.

Sd/- (Chandra Bhushan Bajpai) Judge Aadil