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2025 DAILYLAW 509 (UTT)

STATE OF UTTARAKHAND v. ABHAY ADHIKARI

SPLA/285/2025 · 2026-05-11

Ashish Naithani

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S SPLA No. 285 of 2025 With GA No. 97 of 2025 State of Uttarakhand ....Appellant Vs. Abhay Adhikari ......Respondent Hon ’ble Ash ish Nait han i, J. Mr. Chitrarth Kandpal, learned Brief Holder for the State/ Appellant. 2. As per the office report dated 08.05.2026, notice has been duly served personally upon the Respondent. However, despite service being sufficient, none has put in appearance on behalf of the Respondent. 3. The present Special Leave to Government Appeal under Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the State against the judgment and order dated 09.09.2025 passed by the learned Special Judge (N.D.P.S. Act), District Almora in Special Sessions Trial No. 19 of 2022, “State vs. Abhay Adhikari”, relating to offences punishable under Sections 8/ 21 of the N.D.P.S. Act, 1985. 4. Though this Court finds that service upon the Respondent is sufficient and yet none has appeared on his behalf, still, in the interest of justice, one further opportunity is granted to the Respondent to appear and contest the present Government Appeal. 5. Upon consideration of the submissions advanced by learned counsel for the Appellant and upon perusal of the material available on record, this Court is of the view that, at this stage, sufficient grounds exist for grant of leave. Accordingly, the Special Leave to Government Appeal is granted. 6. Let the Trial Court Record be summoned. 7. Upon receipt of the Trial Court Record, the Registry is directed to prepare the paper book and furnish copies thereof to learned counsel for the parties in accordance with the Rules. 8. Objections, if any, may be filed by the Respondent before the next date fixed. 9. List this case on 19.06.2026 for final hearing. ( Ash ish Nait h an i, J.) 11.05.2026 SB