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2025 DAILYLAW 11858 (UTT)

STATE OF UTTARAKHAND v. MOHD SHADAB KHAN

SPLA/426/2024 · 2025-03-19

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS SPLA No. 426 of 2024 Hon’ble Ravindra Maithani, J. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Ms. Sheetal Selwal, Advocate for the respondents. State proposes to challenge the judgment and order dated 07.06.2024 passed in Special Sessions Trial No. 43 of 2019, State v. Mohd. Shadab and others, by the court of Special Judge (NDPS), Almora, by which the respondents have been acquitted of the charge under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”). Heard. The appeal is delayed by 16 days. A delay condonation application is filed. It is not seriously opposed by the learned counsel for the respondents. Accordingly, the delay condonation is allowed. Delay in filing the leave to appeal is condoned. Heard on leave to appeal application. By the impugned judgment and order, the respondents have been acquitted of the charge under Section 8/20 of the Act. Learned State Counsel would submit that heavy reliance has been placed by the learned trial court on Section 52-A of the Act while acquitting the respondents. She would submit that compliance of the provisions of Section 52-A of the Act is not mandatory and it does not vitiate the trial. She would refer to the principle of law as laid down by the Hon’ble Supreme Court in the case of Narcotics Control Bureau v. Kashif, 2024 SCC OnLine SC 3848. Having considered, leave to appeal application is allowed. The leave to appeal is granted. Admit the appeal. Call for the lower court record. Once the lower court record is received, let the paper book be prepared and furnished to the learned counsel for the parties as per rules. List on 06.06.2025. (Ravindra Maithani J.) 19.03.2025 Avneet/