IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Leave to Appeal Application No.68/08 The State …….….…. Applicant/Appellant Versus Singha Ram …….….… Respondent Dated: May 20, 2010 HON. DHARAM VEER, J. The present leave to appeal application has been preferred by the applicant/appellant/State u/s 378(3) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) with a prayer to grant leave to the applicant/ appellant/State to file the appeal against the acquittal of the respondent-Singa Ram for the offence punishable u/s 8/20 of the Narcotics Drugs & Psychotropic Substances Act, 1985 vide judgment and order dated 11.11.2005 passed by the Additional Sessions Judge/Fifth FTC/Special Judge, NDPS Act, Dehradun in Special ST No.40/2000. Heard Mr. Prabhakar Joshi, learned counsel for the applicant/appellant and Sri Bhuvnesh Joshi, Adv. i/b Mr. Vivek Shukla, Adv. for the respondent and also perused the trial court record. Learned counsel for the respondent argued that the Link Evidence could not be proved before the trial court by the prosecution against the respondent/accused beyond reasonable doubt. He further submitted there is no evidence in the file that when this recovered article, said to be Charas, was deposited in the Maalkhana and when it was taken from the Maalkhana and the same was put up before the competent court to send it to the laboratory for the chemical examination. He further submitted that there is no documentary evidence or the copy of G.D. or any other evidence produced by the prosecution before the trial court which could prove that who has deposited the said recovered Charas in the Maalkhana and who had taken the same from Maalkhana to the court and from court to the laboratory in order to prove that the same contraband was recovered form the possession of the present applicant. On a careful perusal of the judgment and order passed by the trial court as well as on appreciating the entire material available on record as well as considering the fact that the leave to appeal of the co-accused Iqbal has been refused by this Court on 3.12.2009 in Leave to Appeal Application No.77/2009 (GA No.65/2009), State Vs. Iqbal and the fact that the case of the present applicant is also on the parity with that of co-accused Iqbal, whose leave to appeal has been refused, I do not find any good ground to grant leave to appeal to the State. Therefore, the leave to appeal is refused. Leave to appeal application is dismissed. Consequently, the appeal also stands dismissed. Rajeev Dang (Dharam Veer, J.) May 20, 2010