2008 (8) TMI 538

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....punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act'). 4. The trial court directed acquittal on the ground that the evidence of the official witnesses cannot be accepted and accordingly the acquittal was recorded. The application under Section 378 was filed which as noted above was dismissed summarily. 5. Learned counsel for the appellant submitted that the manner of disposal of the application is contrary to the decisions of this court in a large number of cases. 6. Learned counsel for the respondent submitted that there is no merit in the case and, therefore, the High Court was justified in rejecting the application for grant of leave. 7. Section 378 (3) of the Cr.P.C. deals w....

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....s for refusing to grant leave to file appeal against acquittal, and seems to have been completely oblivious to the fact that by such refusal, a close scrutiny of the order of acquittal, by the appellate forum, has been lost once and for all. The manner in which appeal against acquittal has been dealt with by the High Court leaves much to be desired. Reasons introduce clarity in an order. On plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge. The absence of reasons has rendered the High Court order not sustainable. Similar view was expressed in State of U.P. v. Batt....