Case: State Of Rajasthan Vs. Babu Ram

Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Rajasthan High Court at Jodhpur allowing the appeal filed by the respondent (hereinafter referred to as the accused). Before the High Court the challenge was to the order dated 31.8.1987 passed by the learned Sessions Judge, Balotra, in Sessions Case No.10/86 by which while acquitting the accused for offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter referred to as the Act), convicted him for offence punishable under Section 17 of the Act and sentenced him to undergo RI for 10 years and to pay a fine of rupees one lakh with defaultHigh Court directed acquittal on the ground that there was non-compliance of mandatory requirement of Section 50 of the Act. Before the High Court though many points were urged, the primary stand was non-compliance of Section 50 of the Act. The High Court accepted that there was non-compliance as alleged. Accordingly, the respondent was acquitted by setting aside the conviction and consequential sentence.

Reasoning: 13. In view of the aforesaid judgment by a three Judge Bench of this Court, the acquittal, as directed by the High Court, is clearly unsustainable. However, we find that other points were urged in support of the appeal before the High Court, but the High Court allowed the appeal filed by the accused only on the ground of non-compliance of Section 50 of the Act. It did not examine the other grounds of challenge. We, therefore, remit the matter to the High Court to hear the appeal afresh on grounds other than that of alleged non-compliance with Section 50 of the Act, which, as noted above, has no application to the facts of the case.