State Of Chhattisgarh v. Govind Mehere

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No. 307 of 2015 State of Chhattisgarh Versus Govind Mehere 29/09/2015 Smt. Sobha Kashyap, Deputy Government Advocate for the Applicant/ 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) Bilaspur, Chhattisgarh vide judgment dated 27.1.2015 in NDPS Case No. 123 of 2014 acquitting the Respondent for the offence under Section 20(b)(ii)(B) of the NDPS Act. Perused the impugned judgment alongwith copy of memo of appeal and other documents annexed with Cr.M.P. followed by the acquittal appeal.

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.

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 hearing on admission immediately after the service of notice on the Respondent is complete and after receipt of record. Sd/- (Chandra Bhushan Bajpai) Judge Nimmi