JUDGMENT 1. :- None Present. 2. Union of India (State) Narcotics Control Bureau, Jodhpur Zonal Unit, Jodhpur has filed this application for granting leave to appeal against the judgment and order of acquitted dated 4.12.1995 passed by learned Special Jude, NDPS cases, Jodhpur, whereby, the respondent accused Abdul Karim @ Abdu @ Abdul son of Shri Noor Mohd. was acquitted for the offence punishable under Section 21, 22, 29 and 27 of the Narcotic Drugs And Psychotropic Substances Act for carrying heroin. 3. After expiry of period of limitation, this application has been filed to grant leave to appeal against the order of acquittal before this Court on 1.7.96 and that too without certified copy of the impugned order of acquittal passed by the learned Special Judge. 4. It appears that only for the sake of filing, this matter was filed by the Union of India which is clear from the fact that defect no.(1) filing certified copy of the impugned Judgment and order of acquittal and (2) paying stamp on an application in an appeal have not been removed for more than a period of three years of filing of this case. 5. Initially on 31.3.1999, learned Single Judge granted two weeks time to learned counsel to remove the defects and ordered the case to be listed on 15.4.1999. However, on that date, i.e., 15.4.1999 no one bothered to remain present and in absence of learned counsel for the applicant, the Court granted 15 days time to remove the defects and ordered to put up after 15 days. Once again on 7.5.99, learned counsel for the appellant remained present and prayed for one week time, which was granted. Therefore, this matter was placed before another learned Single Judge. On 13.9.99, at the request of learned counsel for the appellant, two weeks time was granted to remove the defects. That time expired almost one month back, but no action has been taken to remove the defects. 6. This left us much to desire. It is none else but the Union of India has filed the appeal in such a serious case of heroin and did not bother to produce the certified copy of the impugned judgment of acquittal, which is sought to be challenged in this appeal.
6. This left us much to desire. It is none else but the Union of India has filed the appeal in such a serious case of heroin and did not bother to produce the certified copy of the impugned judgment of acquittal, which is sought to be challenged in this appeal. First of all such appeal without certified copy of the judgment or order of acquittal was not at all maintainable and it should not have been entertained by the office of this Court. Be that as it may, it appears that after filing the matter for almost three years the appellant Union of India did not bother at all to remove the defects and since March, 1999 as many as four opportunities have been given by different learned Single Judges of this Court to remove the defects, but the appellant and its counsel has taken the Court for granted and today no body even bothered to remain present on behalf of the appellant, which is most unfortunate. Though this is an appeal against the order of acquittal passed by the learned Special Judge in case under Narcotic Drugs And Psychotropic Substances Act where heroin was seized from the respondent accused, but with heavy heart this Court has to now dismiss this appeal on the ground of non-removal of defects, as more than sufficient opportunities were given to the appellant and its counsel to remove the defects. 7. In view of the above, this application to grant leave to file an appeal against the order of acquittal is dismissed for non-removal of defects. Accordingly, this appeal is also dismissed. 8. Before parting, I must state that such a matter must be brought to the notice of higher authority that in future the appeals in such serious and delicate cases should not go by default. Hence, office is directed to send a copy of this order to the Hon'ble Law Minister of Union of India as well as Hon'ble Law Minister of State of Rajasthan for taking appropriate action in the matter so that in future such type of cases may not go by default and the accused, who are charged with such a serious offences will not go scot free in this way.Application And Appeal Dismissed. *******