IN THE HIGH COURT -_ .—- — _~_-n.. gilal EEea [ rmn A 29m . ——_- : Ranal 5c of Lakhamu, agea 4 ya a — D‘gaipra Timna‘r, mg Naayap; D$t‘t . Bastr CC) . l m 5 ers, reféiéemé of villge ora . rnu i a ( ESP tate of ChhattiSar Through : P.$.-Narayanpur, ‘bist E (.9.); t. aster 6 VPPL AEA UNDER SECTION 34 7 (2) OF CRIMINKL PROCEWRE COE D \" 7 ‘\» (5 RQNDENVT?‘ i ,, $ gh u. ——. - _ ---_.. ‘m‘a’wmm ‘/ ‘ ' punishable under Secfion ’ 20(b)( PsychoTr-opic Subsfances AcT (for > Polide. Af‘rer comple‘ring fhe in‘ves‘h and Thereaf‘rer‘ The learned Special his judgment and order defed 1 No.20/2001,’éonvicfed fhe appellahf offence and semenced him To unde yé’ars and To pay a fine of Rsf7;OOC further undergo rigorous imprisonme ZS U! dUUd Shri Subhash Vadav, counsel for The appellant Dr. N.K. Shukla, AddifionaTAd Sfafe‘ Heard bofh fhe counsel. This appeal ‘is posfed ffé'r admis :sion Today. fhe respondent / Sfa'fe. Dr.N.K.Shukld fakes nofice for Wi‘rh ‘rhe co'nsen‘r of bofh admh‘fed for hearing and disposed of for; The commission of The offence The appeilum was prosecuted 1) of 'l’he Narcofic Drugs and shorf ‘fhe Acf') byd’he‘Narayanpur ' ‘gafion, Police filed The charge sheef Judge (N.D_.P.$. Act), JagdalpurJ by 1.09.2001 passed in! Special Case for fhe commission of fhe aforesaid "go rigorous imprisonmenf‘for Three /-,,‘ in defaul‘r of paymenf of fine to inf for one year. 1I'i’ is fhis jud menfl o ‘ pd / voca'l’e General for fhe resonenf fhe learned Counsel, fhelappeal is on merits. 1 t / \ XI-HC-22 1H 20m 'WW mmw -3; fhe§trlal_ beforel'l'he' izarned Speci‘ ma'H'er‘. may be sen‘r back‘ +6 fhe There Is some subsmnce m The arqumenT of The learned counsel for The responder” / S'rafe wwwh‘mm A awmm 11 Judge, In ThecircumsTances, The iearned Special Judge for re-‘l'r‘ial ,/ is Thaf whaf was‘seized from The house of The cppellan'r was Ganja. Therefore, The proseucTion has To prove ThaT The same was Ganja I facT They senT The maTerial To The L Chemical ‘Examinerand There is‘an acknowledgemenT reporT (ExhiblT'P- 24) Issued from The Office of The Chemical Examiner for havmg received fhaf ma'i'emal WWWW am W @M.../ mg The cgse .of The pmsecufio In The circumsTarices, I am o The opinion ThaT The prosecuTion has To be given one more opporTuniTy To produce The Chemical Examiner's reporT T'o‘ show ThaT whaT was seize from Thehouse of The appellanT was Canja. Accordingly, The appeal is llowed and The ‘judgmenT and order .daTed 11.09.2001 passed by The l med Special Judge (N.D.P.5. ACT), Jag'dalpur in Special Case No 20/2 01 convicTing The appeilanT for They _ commissmn of fhe offence punish n’r for one year Is sef aside The case sfands remn‘fed To fhe learne Spectal tidge for dls OSI of The le under SecTion 20 (b) (1) of The _ AcT and senTencmg him To under o rigorous imprisonmenT for Three years and To pay a fifie of Rs.7,00 /- in defaulT of paymenT of fine To furfher’undergo rigorous imprisori me»M T T r y aforesaid case afresh afTer glvmq The prosecuflon an opporfumfy fo produce +he Chemical Examiner-s vapor? and 1'0 exammg any other, wWness, If necessary and fhereaf‘l'er To dispose of The case m/ accordance wiTh law. 'x Ordered accordingly and fhe ppea! stands disposed of. Sihce fhe case is sen’r back or re—‘rrial, I am of The opinioh 14m? i1- is appropriafe 'ro release “ride app ilanf on bail, fill The disposal of ’rhe case. Ac’cordingly‘ if is direcTed Th T The appellan‘r be released oh hail on his execuiing a bond in the sum o Rs.10,000/— wi‘rh fwo surefies each for his appearahce'hefore ‘rhe sai Cour‘rron a date To be given To him and conTinue To appear on all furTh r daTes as may be given To him by The said CourT, Till disposal of‘The a oresaid case by The learned special ’ Judge. " The learned Special Judge ( ‘.D‘P.5. AcT) is ’direcTed To dispose 'of The aforesaid case wiThin Three mo Ths from The daTe of/receipT of The icopy of This order‘ Send a. copy of This ordea‘Ta The learned Special Judge (N D P S AcT) Jagdalpur fo ThwuTh ParTies are enTifled for cerTi Ied copy of This order J l c ll Chiefsf:stice ll l’ ‘ Somu {frédew‘ IV \a» \ l