STATE OF GUJARAT Vs. UGAMSINH DHANRAJSINH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 21/6/1994 passed by the learned Addl. Sessions Judge, Gondal in Sessions Case No.70 of 1990 for the offences under Ss. 20, 21 and 22 of the NDPS Act and under Sec. 66(B) and 65(E) of the Prohibition Act, the appellant - State of Gujarat has preferred the captioned appeal inter alia challenging the judgment and order of acquittal in favour of the respondent-accused.

(2.) The brief facts of the case are that on 08/06/1990 at about 17:00 while the respondent-accused was passing near Juni Haji Dawod Hospital, Pehla Nala on Dhoraji Road to Jetpur Village carrying one bag, at that time the Police Personnel on suspicion made his search and found 1 Kilogram and 490 Gram of Charas for selling without having valid pass or permit and thus committed the aforesaid offence. The complainant lodged the complaint with regard to the incident before Jetpur City Police Station, which was registered as I - C.R. No.59 of 1990 for the aforesaid offences.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned Magistrate, Jetpur. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Gondal as provided under sec. 209 of the Code.