IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal No. 88 of 2001 (Old No. 2834 of 1998) The State …Appellant Versus Sanjeev Kumar …Respondents Dated: June 25, 2010 Sri Prabhakar Johsi, Brief Holder for the State/appellant Mr. Lokendra Dobhal, Adv. for the respondent HON. DHARAM VEER, J. The present appeal has been preferred against the judgment and order dated 12.05.1998 passed by the Additional Sessions Judge, Dehradun in Special S.T. No. 10 of 1995, State Vs. Sanjeev Kumar, thereby acquitting the respondent u/s 15 of the Narcotics Drugs & Psychotropic Substances Act, 1985 [hereinafter to be referred as the “Act”] 2. In compliance of the order dated 29.08.2001 passed by this Court summoning the record of the trial court, Officer-In-charge, Record Room (Civil), District Judge’s Court, Dehradun vide report dated 20.09.2001, has informed that due to fire in record Room (Civil) Dehradun in the night of 7.12.1999, the record of the case was turned into ashes, hence the rcrod cannot be sent. Sri Prabhakar Joshi, Brief for the State/appellant as well as Sri Lokendra Dobhal, Advocate appearing for the respondent, also submitted that after passing of the judgment and order dated 12.05.1998 which is under challenge, now the period of about twelve year has elapsed. They further submitted that now the reconstruction of the recod or retiral is also not possible. In a judgment rendered by Allahabad High Court in the case of Aziz Khan Vs. State of U.P. reported in ACC 1992 (29) 223, it was held as under:- “Where record has been lost or destroyed and it is not possible to reconstruct the record, it will not be just or proper ot direct the retrial of the case if a long gap has elapsed since the commission of the offence. The occurrence had taken place on 15.10.1976 i.e. 15 years back and the complete record has not been reconstructed’ applying the principle laid down in the above mentioned authorities, we are of the opinion that the appeal of Aziz Khan should be allowed and his conviction and sentence should be set aside and the government appeal against acquittal of accused respondents is liable to be dismissed.” 3. In view of the above said dictum of Allahabad High Court, the appeal preferred by the State/appellant stands dismissed. The judgment and order dated 12.05.1998 passed by the Additional Sessions Judge, Dehradun in Special S.T. No. 10 of 1995, State Vs. Sanjeev Kumar, is affirmed. (Dharam Veer, J.) June 25, 2010 Rajeev Dang