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2026 DAILYLAW 23666 (JHR)

UNION OF INDIA THROUGH SUB INSPECTOR v. NARESH MAHTO ALIAS NARESH KUMAR MAHTO

Acq. App./100/2024 · 2026-08-19

Arun Kumar Rai, Rongon Mukhopadhyay

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Judgment text

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Neutral Citation No. ( 2026:JHHC:24931-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Acquittal Appeal (D.B.) No. 100 of 2024 Union of India through Sub-Inspector, Narcotics Control Bureau, Ranchi Sub Zone, Ranchi namely Rahul Meena, S/o Shiv Awtar, R/o Village- Bawanpara, P.O. Sikandra, P.S. Sikandra, District- Dausa, Rajasthan. ... ... Appellant Versus Naresh Mahto @ Naresh Kumar Mahto, S/o Sri Prayag Mahto, R/o Village- Kankebar, P.S. Ramgarh, District- Ramgarh, Jharkhand. ... ... Respondent --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE ARUN KUMAR RAI --------- For the Appellant : Mr. Prashant Pallav, ASGI Mr. Bajrang Kumar, AC to ASGI Mr. Siddhant Sethi, AC to ASGI For the Respondent : Mr. Shailesh Poddar, Advocate --------- 03/19.08.2026 Heard Mr. Prashant Pallav, learned ASGI for the appellant and Mr. Shailesh Poddar, learned counsel appearing for the respondent. 2. This appeal is directed against the judgment dated 28.02.2024 passed by the learned Additional Judicial Commissioner-VII, Ranchi in NDPS Case No. 100015/ 2017, whereby and whereunder, the respondent herein has been acquitted from the charges levelled against him. 3. It has been alleged that on a secret information a team was constituted of NCB officials and one person carrying a bag namely Aditya Mahto was apprehended. From the bag 3.8 Kg. of opium was recovered. The apprehended accused had taken the name of the respondent who was also said to be engaged in the illegal business of opium. 4. After charge sheet was submitted cognizance was taken and charge was framed u/s 18(b) and 29 of the NDPS Act which was read over and explained to the respondent in Hindi to which he pleaded not guilty and claimed to be tried. Neutral Citation No. ( 2026:JHHC:24931-DB ) 5. The prosecution has examined eight witnesses in support of its case. After the statement of the accused was recorded u/s 313 Cr.P.C. the learned trial court vide judgment dated 28.02.2024 acquitted the respondent from the charges levelled against him. 6. Submission has been advanced by the learned counsel for the appellant that the main accused Aditya Mahto had confessed and the mobile number of the respondent was also found in the mobile of the said apprehended accused. 7. Learned counsel appearing for the respondent has opposed the prayer made in this appeal and has submitted that since there was a clear dearth of evidence the Special P.P. had also conceded that there is nothing on record against the respondent. 8. It appears from a perusal of the judgment impugned, the main allegation of possessing commercial quantity of opium is attributed to Aditya Mahto and so far as the respondent is concerned, it seems that there is only disclosure of Aditya Mahto stating about the involvement of the respondent in the illegal business of opium which has not been substantiated by any materials by the Investigating Agency. The learned trial court had rightly acquitted the respondent from the charges levelled against him in absence of any constructive materials. We do not find any reasons to conclude otherwise and, consequently we dismiss this appeal. (Rongon Mukhopadhyay, J.) (Arun Kumar Rai, J.) Dated, the 19th August, 2026 A. Sanga/- Uploaded on 20 / 08 /2026