State Of Chhattisgarh v. Vikas Yadav

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No. 636 of 2015 State of Chhattisgarh Versus Vikas Yadav 28/07/2015 Shri Chitranjay Patel, Government Advocate for the Petitioner/ Appellant.

Heard.

The matter is listed for orders on default.

On due consideration, the default pointed out by the Registry is hereby overruled.

Heard on Cr.M.P. followed by acquittal appeal for grant of leave to appeal. The instant Cr.M.P. is preferred within its limitation against the judgment passed by the Special Judge under the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act) Durg, District Durg, Chhattisgarh vide judgment dated 4.5.2015 in NDPS Case No. 14 of 2014 acquitted the Respondent for the offence under Section 21(B) of the NDPS Act. Perused the judgment passed by the trial Court alongwith the evidence adduced and the copy of the charge-sheet submitted before the trial Court. On due consideration, this is a fit case where the leave to appeal should be granted.

Consequently, the instant Cr.M.P. is allowed. Registry is directed to list the matter under the heading of acquittal appeal.

Also heard on admission.

The appeal is preferred within its limitation. It is admitted for consideration.

Lower Court record be called for through usual and fax mode.

The Appellant is directed to pay process fee within seven days from today. Let notice be issued to the Respondent regarding his representation before this Court through usual and registered mode returnable within four weeks.

Registry is directed to list the matter for further hearing after service of notice on the Respondents and the lower Court records are received.

Sd/- (Chandra Bhushan Bajpai) Judge Nimmi