(1.) This appeal is filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 12/4/2007, passed in Sessions (NDPS) Case No. 4 of 2006 by the learned Additional Sessions Judge and Presiding Officer, 12th Fast Track Court, Rajkot, recording the acquittal.
(2.) Facts in brief are that on 22/3/2006, when complainant Natvarsinh Jilubha Chudasama, PSI, Vinchhiya Police Station at the relevant time, was in bandobast in SSC in Ajmera High School at Vinchhiya, at that time, he received information with regard to the fact that in the sim of village Rupavati, the respondents - accused in his field known as 'Bekad', stated to have sown Ganja along with Wheat. Accordingly, the complainant, along with panchas and others, rushed to the spot and found raised plants of Ganja. On seeing the raiding party, the respondents - accused tried to flee from the spot, however, he got caught. The complainant found about 15 kilogram Ganja plants at the spot. Accordingly, the complainant undertook necessary procedure and registered the offence before the Vinchhiya Police Station against the respondent - accused for the offence punishable under Ss. 8 and 20(a) and (b) for the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
(3.) Heard, learned Additional Public Prosecutor Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Shailesh Raval for the for the respondent - accused.
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