STATE OF GUJARAT Vs. GOVINDBHAI BHAGWANBHAI VASAVA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12.01.1999, passed by the learned Additional Sessions Judge, Panchmahals, Godhra ( the Trial Court for short) in Sessions Case No.5 of 1998 (NDPS), whereby, the respondent original accused, has been acquitted of the Charge under Section 20(1)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( the NDPS Act for short).

(2.) BRIEFLY stated, the case of the prosecution is that on 28.03.1998, Railway Police Constable Ratnabhai Kalubhai (PW -3), while keeping a prohibition watch on Train No.5015, reached Piplod Railway Station. At the said Railway Station, the complainant kept a watch on Train No.24 -UP Firozpur Janta Express, which was going towards Godhra. When the train reached Chanchelav Railway Station, he found a person, who is the present accused, sitting in the General Compartment, near the toilet. The accused had a gunny bag and a shoulder bag ('Bagal Thela ) with him, which appeared to be quite heavy. The complainant, therefore, kept a watch over him as his suspicions were aroused. At about 10:15 am, the train reached Godhra Railway Station and stopped at Platform No.1. The accused got down on the Platform. In the meanwhile, Police Sub Inspector Patel (PW -5), accompanied by Head Constable Bharatsinh (PW -1), arrived. The complainant handed over the accused to these Police personnel. The gunny bag and shoulder bag of the accused emitted a smell akin to that of Ganja. The Police personnel asked the accused whether they could conduct a search upon his person. The accused is stated to have declined, therefore, an Executive Magistrate was called. In the presence of Panch witnesses and the Executive Magistrate, the gunny bag and the shoulder bag were searched. Eight kilograms of Ganja was found from the gunny bag and one kilogram of Ganja was found from the shoulder bag. Thereafter, the contraband was weighed and 100 grams each was taken from the gunny bag and the shoulder bag, respectively, as samples. As the accused did not possess any pass or permit authorising him to retain possession of the contraband, he was arrested. The Panchnama was completed and the complaint was registered at Godhra Railway Police Station, as II -C.R. No.307 of 1998.

(3.) UPON culmination of the investigation, a Chargesheet was submitted before the concerned Court. The Charge at Ex.2 was framed against the respondent -accused by the Competent Court. Upon it being explained to him, the respondent denied his guilt and claimed to be tried. Accordingly, the case was put to Trial. In support of its case, the prosecution examined seven witnesses and produced documentary evidence. The incriminating statements appearing in the evidence of the prosecution witnesses were put to the respondent who, in his statement under Section 313 of the Code of Criminal Procedure, 1973, denied the case of the prosecution. After appreciating the evidence on record, the Trial Court acquitted the respondent of the charges against him, on the ground that the evidence on record was not sufficient to prove the charges. Aggrieved thereby, the State is in appeal.