IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Leave Application 09/2007 With Government Appeal No. 104/2007 State …….Applicant Versus Mandeep Singh …….Respondent April 20, 2010 Hon’ble Dharam Veer, J. This appeal, preferred by the State/appellant u/s 378(3) of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 3.1.2007 passed by the ADJ/Special Judge, Gangsters Act, FTC III, Dehradun in Special Sessions Trial No. 2B/2003, State v. Mandeep Singh, whereby the respondent Mandeep Singh has been acquitted of the charge levelled against him under Section 3(1) of The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. Heard Mr. Prabhkar Joshi, Brief Holder for the State and perused the impugned judgment and order dated 3.1.2007 and the trial court record. There is no evidence on the record to prove that the respondent Mandeep Singh is a member or a leader or an organizer of a gang and he abets or assists in the activities of a gang or harbours any person who has indulged in such activities or he is acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion, or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage of himself of any other person. The judgment and order of the trial court dated 3.1.2007 seems to be correct and justified on the basis of the evidence discussed by him and even the evidence produced by the prosecution before the trial court. Learned Brief Holder for the 2 State/appellant also could not point out any mistake in the impugned judgment and order of the trial court on the basis of which leave to appeal can be granted. Hence, leave to appeal is refused. Consequently, the appeal is also dismissed. (Dharam Veer, J.) 20.4.2010 PRABODH