UNION OF INDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 15/02/2020 passed in NDPS Case No.5 of 2013 by the learned Additional Judge, Court No.19, City-Civil and Sessions Court, Ahmedabad whereby the learned trial Court acquitted the respondent No.2 herein-original accused No.2- Ruksanabanu wife of Shaikh Mohammad Rafik for the offences punishable under Ss. 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short), the original complainant-Union of India through Narcotics Control Bureau has preferred the captioned application seeking special leave to appeal under Sec. 378(4) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Briefly stated; the case of the complainant is that all the original three accused committed the offence punishable under Ss. 8(c), 20(b) and 29 of the NDPS Act; inasmuch as; when accused No.3 was searched; found with contraband Charas weighing 7.79 Kg from the bag held by him. It is also the case of complainant that all the three accused were intercepted by the complainant near Naroda Patiya Bus Stop when they disembarked from Bus no. RJ01PA2003 coming from Himmatnagar. It is also the case of complainant that accused No.3-Imtekhab Rafikbhai Rangrej was in possession of bag and refused to provide its key and therefore lock of the bag was forced open and the aforesaid quantum of Charas was found therein. Apart from this; various other articles such as phone and ID Card were found from the possession of all the three accused.

(3.) On a trial, the accused No.3-Imtekhab Rafikbhai Rangrej and accused No.1-Shaikh Mohammed Rafik were found guilty for the offences punishable under the NDPS Act; whereas the respondent No.2-original accused No.2 was given benefit of doubt.