STATE OF GUJARAT Vs. ABDULSATTAR ABDULKARIM

JUDGEMENT

(1.) THIS Appeal, under section 378 of the Code of Criminal Procedure, 1973, has been filed by the State of Gujarat against the judgment and order of acquittal dated 17.11.1989 passed by the learned Additional City Sessions Judge, Ahmedabad in Sessions Case No. 170 of 1989 for offences punishable under sections 21 and 20 -(b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act").

(2.) THE facts of the case in brief are that Police Inspector Ishwarbhai Dahyabhai Mayavanshi had received information on 20.3.1989 at about 9.55 p.m. that at the entrance of Chali of Chandbhai in Dabgarwad Dandiawad, one Abdulsattar Abdulkarim was selling charas and brown sugar. He, therefore, called two panchas and the information was given to the Superintendent of Police after making entry in the station diary and reached the place of offence. They stopped the jeep car at a distance of 25 ft. from Dabgarwad and thereafter, the P.I., Ishwarbhai Dahyabhai, PSI Rajput and PSI Prajapati went ahead and they saw the accused running away with one Can (Dolcha) of aluminium through the street of Chandbhai. PSI Rajput and PSI Prajapati chased him and caught hold of him and search was carried out and 24 grams and 450 m.grams of brown sugar (heroin) and 23 grams and 950 m.grams of charas were found from the Aluminium Can (Dolcha) which was with him. He did not have any pass or permit to carry such contraband with him. Necessary panchnama was drawn in presence of panchas and officers of Forensic Science Laboratory. Thereafter they took the accused with the muddamal articles to the police station, complaint was lodged at Exh.15 and registered as CR.No.95/89 for the offences punishable under sections 20 -(b) and 21 of the NDPS Act and sections 66(b) and 65 (a) of the Bombay Prohibition Act. After investigation, charge sheet was filed against the accused and as the offences under sections 20 -(b) and 21 of the NDPS Act were triable exclusively by the court of Sessions, the learned Chief Metropolitan Magistrate committed the case to the Sessions Court under section 209 of the Criminal Procedure Code.

(3.) THE respondent -accused pleaded not guilty to the charge and claimed to be tried.