STATE OF GUJARAT Vs. BHURESHA ALHANASHAH SAIYED

JUDGEMENT

(1.) This appeal arises out of the judgment and order rendered by the Sessions Court, Bharuch on 05/08/1998 in Sessions Case No.146 of 1995 acquitting the respondents of the charges relating to offences punishable under Sections 8 (C), 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS').

(2.) As per the prosecution case, while Ismail Aadam Mitha (Tailor)- respondent No.2 was being interrogated, he disclosed certain information that present respondent No.1 was likely to come to Sitpon to collect the proceeds of sale of brown sugar sold earlier. The Police, therefore, organized a watch in presence of Panch Witnesses and intercepted respondent No.1. He was found to be carrying a bag on his shoulder wherefrom 910 grams of brown sugar was found from a polythene bag. Two samples of 5 Gram each were drawn therefrom and then the remaining quantity of 5 grams each were sealed and seized. FIR was lodged and respondents were arrested. The case was investigated and ultimately charge-sheet was filed. The trial Court framed charge against the accused - Bhuresha Alhanashah Saiyed and Ismail Aadam Mitha (Tailor) for the offences as stated herein above.

(3.) The trial Court found that prosecution was unable to prove the charges levelled against the accused persons and, therefore, acquitted both of them and hence this appeal by the State of Gujarat against acquittal.