STATE OF GUJARAT Vs. PALATAN RAGHVAR KAHAR

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 31.05.1994 passed by the learned Additional Sessions Judge, Rajkot District, in Sessions Case No. 106 of 1992, whereby the learned Additional Sessions Judge has acquitted the respondent � accused from the charges levelled against him.

(2.) THE brief facts of the present case are that the complainant Shri K. J. Gohil, In-charge, Police Sub Inspector, "B" Division Police Station, Rajkot lodged a complaint on 6.8.1992 to the effect that he was on duty in "B" Division Police Station on 6.8.1992, in the meanwhile he received information that one Paltan Raghuvir Bhaiya who was residing in Street No.39 Kodiyarpara, Kanjibhai's Mafatiapara, Nr. Aji Vasahat at Rajkot was having illegal possession of opium in a big quantity. Thereafter, they were also searched by the police, but nothing objectionable was found. A preliminary panchnama to this effect was prepared from 12.00 hours to 12.30 hours. Thereafter, all the police personnel as well as two panchas reached where the accused was residing. When police party along with panchas reached near the place of incident, the accused was sitting on the coach and, therefore, he was surrounded by the police. When his name was asked, the accused stated that his name was Paltan Raghuvar. Police Inspector offered his identification to the respondent and further informed the respondent that they had information that the respondent was illegally possessing of opium and, therefore, the accused was required to be searched. The respondent was further informed by Police Inspector that if the respondent wished, he might be searched in presence of any other gazetted officer or Magistrate. The appellant did not choose his option to be searched in presence of any other gazetted officer. Thereafter, person of the accused was searched by Police Inspector and under the coach, old bag was found and in that bag, there were 6 small plastic bags. In presence of panchas, when the accused was inquired by respondent in respect of these 6 plastic bags, those bags contained opium and weighed the substance found. On weighing the substance, it was found that opium containing of 6 small bags were weighing about 2.840 gram, in all. The said quantity of opium, thereafter, was put in a box and the same was sealed. The respondent was arrested in the course of investigation. The progress of the investigation was intimated by I.O. to his superior officer. Thereafter, the investigation was taken over by Police Sub Inspector and he submitted charge-sheet against the accused for the offences punishable under Section 18 of the Narcotic Drugs Psychotropic Substances Act, 1985. Ultimately on receiving the charge-sheet, the said case was registered as Sessions Case No.106/1992 in the Court of Additional Sessions Judge at Rajkot.

(3.) IN addition to this, the prosecution also produced documentary evidence like panchnama of seizure of opium from the accused at Ex.26, seized muddamal list Ex.28, True copy ofentry No.171 Ex.29, Report with complaint Ex.31, Receipt from F.S.L. Dated 7.8.1992 Ex.34, complaint dated 6.8.1992 Ex.36, Report by Incharge Police Inspector to P.S.O. Ex.37, Report to Deputy Police Commissioner dated