HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 187 of 2024 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J. 1. This Appeal has been preferred against the judgment and order of acquittal dated 07.11.2023 passed by learned Additional Sessions Judge/Fast Track Court- First, Basti in Special Sessions Case No.64 of 2021 (State Vs. Sheshdutt @ Gabbar), arising out of Case Crime No.198 of 2020 under Section 8/20 of N.D.P.S. Act, Police Station- Kalwari, District- Basti. 2. Heard Sri Rahul Asthana, learned A.G.A. for the State appellant is present. However, none appeared on behalf of respondent. 3. The prosecution, in brief, is that on the basis of secret information, the police party apprehended the accused and upon his personal search, allegedly recovered one kilogram and two hundred grams of Ganja from a bag carried by him. 4. The learned trial court has acquitted the accused on following grounds :- (i) No departure (Ravanagi) G.D. Entry was proved to establish that the police party had actually left the police station for the alleged recovery. (ii) The mandatory safeguards relating to search and seizure under the N.D.P.S. Act were not complied with. (iii) The alleged consent letter of the accused is doubtful, as it bears only the signature of the accused, which was placed at a conspicuously lower portion of the paper, raising suspicion that it may have been obtained prior to writing. (iv) The prosecution failed to compliance of Section 57 of the N.D.P.S. Act regarding reporting of seizure to superior officers. The sampling procedure was not conducted before a Magistrate, and, therefore, the contraband which was sent to forensic lab was the same sample that was recovered from the spot becomes doubtful. Non-compliance of mandatory provisions of N.D.P.S. Act creates doubt about the sanctity of the sample. Moreover, it was alleged that several persons had gathered on the spot at the time of arrest Versus Counsel for Appellant(s) : A. K. Sand, Ashutosh Kumar Sand Counsel for Respondent(s) : State of U.P. .....Appellant(s) Sheshdutt @ Gabbar .....Respondent(s) and recovery but no independent witness has been examined by the prosecution. 4. Learned A.G.A. for the State-appellant submits that the trial court has acquitted the accused on technical grounds and that the recovery of contraband from the possession of the appellant has been duly proved. It is well settled that an appellate Court, while dealing with an appeal against acquittal does not ordinarily interfere unless the finding of the trial court is persevere, there is gross misappropriate of evidence and material evidences has been ignored. Further, in cases under the N.D.P.S. Act, the law mandates strict compliance with procedure safeguards, failing which the benefit must go to the accused. 5. Upon perusal of record, this Court finds that the trial Court has recorded acquittal on the basis of serious procedural lapses including :- (i) Failure to prove departure entry. (ii) Creating doubt on the very genesis of the prosecution case, non- compliance of mandatory safeguards, governing search and seizure, and doubtful nature of the alleged consent memo and non-compliance of Section 57 of N.D.P.S. Act. (iii) Failure to ensure proper sampling procedure thereby affecting the chain of custody. (iv) Absence of independent witnesses despite their availability. 6. These are not mere technicalities but go to the root of prosecution case but affects its credibility. The view taken by the learned trial court, possible and plausible view based on the evidence on record, this Court does not find and illegality perversity or manifest error in the judgment passed by the trial court. The grounds raised in the appeal do not disclose any substantial question, warranting interference. The application is liable to be rejected on admission stage. 7. Accordingly, the present appeal filed under Section 378(3) Cr.P.C. is hereby rejected on admission stage. February 24, 2026 P. Pandey GOVAD No. 187 of 2024 2 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad