IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal no. 77 of 2009 State of Uttarakhand …………Appellant Versus Narendra Singh Mahar ………….Respondent Mr. Nandan Arya, learned A.G.A. for the appellant. Dated: December 15th , 2009 Hon’ble Alok Singh, J. Heard Sri Nandan Arya learned A.G.A. for the appellant. For the reasons stated in the application accompanied with affidavit, delay condonation application no. 1322/2009 is allowed. Six days delay in filing the appeal is condoned. Leave to grant appeal no. 95/2009. Heard Mr. Nandan Arya learned A.G.A. for appellant and perused the impugned judgment. Acquittal order was passed on the ground of non- compliance of mandatory provision of Section 42 and 57 of N.D.P.S. Act. Mr. Arya has placed reliance on 2009(8)S.C.C. page 539. Constitutional Bench of the Apex court has explained the scope of Section 42 and 50(5)(6) and Section 57 of N.D.P.S.Act. In my opinion in view of the Constitutional Bench judgment leave to file appeal should be granted. Hence application leave to grant appeal no.95 of 2009 is allowed.Leave is granted. Government Appeal No. 77 of 2009 Heard. Admit. Summon the lower court record. Issue notice to the respondent returnable within three weeks. (Alok Singh, J.) 15.12.2009 Nishant