(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Girish Patel for the respondent No. 1 at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 26/12/2007 passed by the learned Metropolitan Magistrate, Court No. 16, Ahmedabad in the Criminal Case No. 1524 of 2004 for the offences punishable under Sec. 124 of the Bombay Police Act.
(3.) The brief facts of the case are that on 14/10/2004 at about 23:55 hours, the respondent - accused was arrested on suspicious ground from area of Manek Chowk, which comes under the Khadia Police Station. That, the accused was found in possession of cash of Rs.40,000.00, 1 Kg. 845 gms, piece of brass metal on which it was written as pure gold and the accused was also having gold piece weighing 3 gms and 200 ml.gms on which also stated as pure gold valued at Rs.2000.00 and two pieces of silver chorsa valued at Rs.200.00. Thus, the respondent-accused was found in possession of muddamal valued at Rs.42,640.00, which was recovered from him. That, thereafter, the Panchnama regarding seizure of muddamal were drawn and arrest panchnama was also made and the complaint was registered against the respondent - accused before the Khadia Police Station. That, thereafter, charge sheet was filed in the court of learned Metropolitan Magistrate, Ahmedabad for trial. That, the accused has not pleaded guilty and claimed to be tried. That, after the conclusion of the trial, the learned trial Court has acquitted that accused and therefore, the State has preferred this appeal.
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