STATE OF GUJARAT Vs. PUNJA BHAGWANBHAI BARAD

JUDGEMENT

(1.) STATE of Gujarat, by way of this Appeal, has challenged the judgment and order dated 18.12.1991, passed by learned Additional Sessions Judge, Junagadh, in Sessions Case No.136 of 1990, by which the respondent�accused was acquitted from the charges levelled against him under Sections 20 and 27 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

(2.) THE brief facts of the prosecution case as under:

(3.) NOW considering the reasoning part of the judgment for acquitting the accused, we find that the main reason for acquitting the accused person by the Trial Court is with regard to the place of collecting and weighing the contraband, which is contrary to the depositions of the witnesses and documents like chit which is attached with the bag in which it was collected. As per the panch witness No.1 Vitthal Arjan, Exhibit-5 that when he visited the place where the accused cultivated the ganja, some leaves were collected from the plants and the same were packed. The leaves which were collected from the field were brought to the police station and thereafter the same were weighed by the police authority at the police station. Contrary to this deposition,if the chit at Muddamal Item No.2 is seen,it appears that the weight of contraband article is mentioned on the chit. Witness PW-1 Vitthal Arjan, has stated that he had not put his signature on the slip at the place where the contraband was found. The chit i.e. muddamal Article No.2 reads as under: