STATE OF GUJARAT Vs. HOMABHAI CHAMARIYABHAI GAMIT

JUDGEMENT

(1.) Criminal Appeal No.981 of 2011 is filed by the State challenging judgment and order dated 30.03.2011 in NDPS Case No.16 of 2004 passed by learned Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985, whereby all three respondents-accused are acquitted of charge of offences under section 8(c) and section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Having regard to the limited controversy and learned Assistant Public Prosecutor having taken us through evidence, learned Assistant Public Prosecutor was heard in extenso.

(3.) As per the prosecution case, information was received on 09.11.2003 by complainant, the Prohibition Inspector Bardoli, District Surat, from Deputy Commissioner and Police Superintendent, Surat, that at village Ota, certain persons had kept contraband goods in agricultural fields of their occupation and possession. After following necessary procedure of recording Panchnama etc., a raid was arranged with staff on duty. The raiding party thereupon reached the agricultural fields where gunny bags were found from inside the standing crop of maize. Noticing that the gunny bags contained contraband, the Talati-cum-Mantri of the village was called to know about ownership of agricultural fields whereat the contraband goods were located, who on verifying from revenue records, stated that field bearing Block No.137 was of ownership of respondent No.1 Homabhai Chamariabhai Gamit, field bearing Block No.110 was owned by respondent No.2 Jamubhai Chindiyabhai Gamit, whereas field bearing Block No.107 was of ownership of respondent No.3 Posaliyabhai Bariyabhai Gamit. Then FSL Officer was called who prima facie opined that the substance was Ganja.