Law: Criminal Procedure Code (V of 1898)

Section: 417(1),417(2),417(2A),417(3)

Law: Limitation Act, 1908

Section: 157

Law: Control of Narcotic Substances Act, 1997

Section: 9(c),32

Criminal Procedure Code (V of 1898)-------Ss. 417 & 417(2A)---Limitation Act (IX of 1908), First Sched. Art. 157--Appeal against acquittal filed by State---Limitation---High Court dismissed the appeal against acquittal on the ground that it was filed beyond the prescribed period of limitation and was therefore incompetent---Where the plain and simple meaning of a provision of law is clear and unambiguous, nothing should be presumed or inferred from external sources---All the appeals against acquittal covered by subsection (1) of S.417, Cr.P.C, would continue to be governed by Article 157 of the Limitation Act, 1908---Legal position regarding the limitation period remained unchanged even after the addition of subsection 2A to S.417, Cr.P.C, which granted the right to appeal within thirty days to an aggrieved person---Similarly, subsection (2) read in conjunction with subsection (3) of S.417, Cr.P.C, which pertains to acquittal appeals in complaint cases, confers the right of appeal solely to the complainant within sixty days, subject to the condition of obtaining special leave for said purpose---However, regarding the appeal on behalf of the State, the correct legal position is that the limitation period for filing an appeal under S.417(1), Cr.P.C, is six months, as prescribed by Article 157 of the Limitation Act, 1908---In the present case, the appeal against acquittal on behalf of the State was filed within six-months period from the date of the acquittal order rendered by the trial Court, thus it was filed within time---Appeal was allowed by setting aside impugned judgment and the case was remanded to the High Court for decision on merits.AIR 1957 (Madras) 300; AIR 1975 (Andra Pardesh) 406; AIR 1958 (Andra Pardesh) 230 and AIR 1957 (Allahbad) 500 rel.Date of hearing: 29th May, 2024.ORDERRAZA ALI KHAN, J.---Titled appeal stems from the judgment of the High Court dated 27.09.2023, whereby, the appeal filed by the State has been dismissed.2.    The appellant herein contested the judgment rendered by the District and Sessions Judge/Special Judge Anti-Narcotics Court Muzaffarabad on 25.03.2019 by lodging an appeal before the High Court,…

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