STATE OF GUJARAT Vs. VORA GULAM ABBAS ALIBHAI

JUDGEMENT

(1.) Present appeal arises out of a judgfnent and order rendered by Sessions Court, Rajkot in Sessions Case No. 106 of 1989 on 30/06/1992 acquitting the respondent - accused for the offence punishable under Section 66 (A) of the Bombay Prohibition Act and under Sections 8 and 17 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) As per prosecution case, the respondent was intercepted at about 22:50 hours on 28/10/1987 in the market of Village Jasdan. He was searched in presence of two Panch Witnesses and was found to possess 249 gram opium, which was found from the pocket of his trouser. Panchnama was drawn and respondent was arrested. Charge-sheet was filed in the Court of learned JMFC, who in turn committed the case to the Court of Sessions and Sessions Case No. 106 of 1989 came to be registered. Charge was framed at Exh. 1 to which accused pleaded not guilty and came to be tried.

(3.) The trial Court found that the search and seizure was not appropriately supported by the Panch Witnesses. The trial Court also found that mandatory requirement as prescribed under Section 50 of the NDPS Act was not observed. The trial Court found that Panchas have not supported the search and seizure and, therefore, recorded acquitted. Hence, this appeal.