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august 2008

Supreme Court of India · 2008-08-27

State Of Himachal Pradesh vs Sardara Singh

Citation / case number
AIR 2008 SC (SUPP) 464
Court
Supreme Court of India
Petitioner
State Of Himachal Pradesh
Respondent
Sardara Singh
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Himachal Pradesh High Court erred in summarily dismissing the State's application under Section 378(3) of the Code of Criminal Procedure, 1973, for leave to appeal against acquittal. The Court emphasized that the High Court is obliged to provide reasons for its decisions, especially in cases involving serious allegations under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court set aside the High Court's order and directed it to reconsider the application with a proper appraisal of the evidence, reinforcing the necessity of a speaking order in judicial proceedings.

State Of Himachal Pradesh vs Sardara Singh · Niyam