STATE OF GUJARAT Vs. JAGATSINH KANTUBHAI CHAUDHARI

JUDGEMENT

(1.) The present Appeal is preferred by the Appellant - State of Gujarat under Sec. 378(1)(3) of the Criminal procedure Code, 1973, against the impugned judgment and order passed in N.D.P.S. Case Nos. 6 of 2010 [By Respondent Nos. 1 to 3], N.D.P.S. Case No. 12 of 2010 [By Respondent No. 4] and N.D.P.S. Case No. 14 of 2010 [By Respondent No. 5] by the learned Special Judge, Surat dtd. 30/9/2011, recording the acquittal of the Respondents/Original Accused Persons for the charges under Ss. 8(C), 20(B) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

(2.) The brief facts of the prosecution case is that on the day of incident i.e. on 26/2/2010, the complainant viz. Rameshbhai Madhubhai, who was discharging his duty as Unarmed Head Constable with S.O.G. Branch, Surat (Rural), was on patrolling along with other Police Personnel on Mangarol-Sankhavav. At that time, they found three persons coming from Mangarol in Hero Honda Motorcycle in suspicious condition and, hence, they were interrupted, however, out of them, one fed away from the place of offence. Upon making search, they found Ganja from their possession. Therefore, they made a secret report informing the superior officer about the said incident and for securing the presence of the panch witnesses. After following the due procedure as required and after securing the presence of panch witnesses, they inquired about the accused persons and asked their name, and in turn, they replied that they are Jagatsinh Kantubhai Chaudhary and Nareshbhai Mohanlal Chaudhary. They also inquired about the persons who fed away from the place of offence, they replied that he was Maheshbhai Vitthalbhai Chaudhary. Thereafter, they were asked as to whether they wanted to have the presence of the Gazetted Officer or Magistrate during the course of their search and seizure. At that time, the accused persons stated that they did not want the presence of the Gazetted Officer. In the presence of the panch witnesses, upon making search, the complainant found stock of Ganja from his bag, which was examined by the complainant as well as well as the Experts of the Forensic Science Laboratory at the spot and the substance was found to be a Ganja - a prohibited drug 4.182 Kg. Upon asking the pass permit, the accused did not have any such documents. Thereafter, 100 gm samples from each parcel were taken in the presence of panch witnesses. The contraband article and samples were sealed in the presence of the panch witnesses and after having registered the regular case, the samples were sent to FSL for examination. The substance sent to FSL by the Investigating Agency is identified as Ganja. Thereby the accused have committed the alleged offences under the N.D.P.S. Act.

(3.) Upon such, FIR being C.R. No. II-7/2010 came to be registered with Mangrol Police Station, Surat under Ss. 8(C), 20(B) and 29 of the NDPS Act. On the basis of the complaint, the investigation started and the accused were arrested by the police at different points of time, and therefore, the charge-sheet against the Respondent - Accused Nos. 1 and 3 was submitted in the Court of Learned Special Court, Surat, which came to be numbered as N.D.P.S. Case No. 6 of 2010. While the other accused persons were shown absconding. Thereafter the second phase of charge-sheet was submitted by the police against the Respondent - Accused No. 4 before the Court of learned Special Court, Surat, which came to be registered as N.D.P.S. Case No. 12 of 2010 and thereafter the third phase of charge sheet was submitted by the Police against the Respondent - Accused No. 5 before the Court of learned Special Court, Surat, which came to be numbered as N.D.P.S. Case No. 14 of 2010.