STATE OF GUJARAT Vs. HIRABHAI V VISNOIE

JUDGEMENT

(1.) THE State of Gujarat has preferred this appeal to challenge the judgment and order passed by Sessions Court, Palanpur in Sessions Case No.15 of 1992 on 06/06/1993, acquitting the respondent of the offences punishable under Sections 17 and 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short NDPS Act).

(2.) THE case of the prosecution before the trial Court in brief was that the respondent was found to be in possession of two plastic bags containing contraband opium at about 4:00 p.m. on 07/10/1991 on Kunchavada � Mandar road of Dhanera Taluka of Banaskantha District. This quantity was seized from his person. The weighment was done on the spot, samples were drawn and thereafter contraband and the samples were sealed in presence of Panch Witnesses. This entire procedure, as per prosecution case, was undertaken on the spot. The seized material having been certified to be contraband opium, charge-sheet was filed in the Court of learned JMFC, Dhanera, who committed the case to the Court of Sessions and Sessions Case No.15 of 1992 came to be registered. Charge was framed against the accused at Exh.3 to which he pleaded not guilty and claimed to be tried.

(3.) WE find from the evidence that the Panch Witnesses, in whose presence the Panchnama is claimed to have been drawn, have not supported the prosecution case. Thus, the entire search, seizure, drawl of samples and sealing cannot be said to have been proved by the prosecution through independent evidence.