1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Leave to Appeal No. 70 of 2011 with Government Appeal No. 47 of 2011 with Delay Condonation Application No. 640 of 2011 State of Uttarakhand …................. Appellant Versus Rakesh Aggarwal S/o Prem Chand R/o Tanki Colony P.S Adarsh Manid Shamli District Muzaffarnagar …........…Respondent Shri Amit Bhatt, A.G.A., present for the State/Appellant Coram: Hon’ble Prafulla C. Pant, J. Hon'ble Servesh Kumar Gupta, J. Oral: Hon'ble Prafulla C.Pant, J. Heard. (2) This is Delay Condonation Application No. 640 of 2011, for condonation of delay in filing the appeal against the judgment and order dated 28.2.2011, passed by Additional Sessions Judge/IInd Fast Track Court Hardwar, in Sessions Trial No. 120 of 2002, whereby 2 said court has acquitted the accused/respondent Rakesh Agarwal from the charge of offence punishable 25/27 Arms Act, 1959. (3) Delay in filing the appeal is condoned. The Delay Condonation Application No. 640 of 2011 stands allowed. (4) Also heard on leave to appeal and perused the impugned judgment and order passed by the trial court. (5) There appears no public witness of the recovery, nor there appears application of mind on the part of the District Magistrate, in sanctioning the prosecution. The trial court has given sufficient reasons for acquitting the accused/respondent Rakesh Agarwal from the charge of offence punishable under section 25/27 Arms Act, 1959. (6) Leave to Appeal is refused. ( Leave to Appeal Application No. 70 of 2011 is rejected). The appeal stands dismissed, summarily. (Servesh Kumar Gupta, J.) (Prafulla C. Pant, J.) 17.06.2011 Nahid