Jammu & Kashmir High Court
Ut Of J&K vs Vijay Kumar on 7 July, 2026
Regular Cause List
Serial No. 67
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Crl LP(S) No. 17/2026
CrlM No. 1214/2026
UT of J&K .....Petitioner(s)
Through: Mr. Vivek Mattoo, Advocate vice
Mr. Vishal Bharti, Dy. AG.
Vs
Vijay Kumar ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(07.07.2026)
Crl LP(S) No. 17/2026
1. This application seeking leave of this Court to file the present appeal has
been moved by the State (now UT of J&K) against an order dated 07.12.2025
passed by the learned court of Principal Sessions Judge, Samba in file No. 28/2025
titled “State (now UT) of J&K Vs. Vijay Kumar” arising out of FIR No. 92/2025
registered at Police Station Vijaypur for commission of offences punishable under
Sections 8, 21, 22 & 25 of the NDPS Act, whereby the respondent as an accused,
was convicted and sentenced to pay fine of Rs. 10,000/- and to undergo simple
imprisonment for a period of 20 days.
2. Since application for seeking leave is required to be filed in acquittal
appeal and not in conviction appeal, the present application being misconceived is
dismissed.
3. Applicant, however, shall be entitled to file conviction appeal without
filing such application.
2 Crl LP(S) No. 17/2026
CrlM No. 1214/2026
CrlM No. 1214/2026
4. This application has been filed seeking condonation of delay of 104 days
in filing the conviction appeal against the order dated 17.12.2025 passed by learned
Special Judge (NDPS Act), Samba.
5. Heard.
6. Notice to the respondent, returnable within four weeks for filing
objections in the COD.
7. Requisites for service within one week.
8. List this application on 10.08.2026.
(M A CHOWDHARY)
JUDGE
JAMMU
07.07.2026
Shivalee
Shivalee Khajuria
2026.07.07 16:37
I attest to the accuracy and
integrity of this document
