STATE OF GUJARAT Vs. ZALA DHARAMENDRASINH @ BABBHA BHAVANISINH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14th February, 1997 passed by the learned Additional Sessions Judge, Surendranagar in Sessions Case No.89 of 1991, whereby he has acquitted the accused of the offences punishable under section 8(c read with sections 17 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N.D.P.S. Act" .

(2.) ONE M. K. Parmar, Police Sub-Inspector, Shahibaug Police Station lodged a first information report before the Halvad Police Station alleging that on 8th May, 1990 in the morning at about 8:00 O'clock, he was on night duty at the Shahibaug Police Station Investigation Squad. In the meanwhile, at 2:30, he received a written Vardhi from P.S.O., Shahibaug at the instance of the Medical Officer Dr. J.J. Mehta of the Civil Hospital that one person named Devshibhai Mohanbhai Dalvadi, aged 31 years, resident of Raysingpur, Taluka: Halvad, District: Surendranagar had consumed about five bowls of opium in the marriage function of the son of Babbhai Bhavansinh Darbar of his village and had become unconscious and had been brought for treatment to Dhrangadhra at the private hospital of Dr. Shri Mevada and from there he has been sent for further treatment to Surendranagar Civil Hospital under a transfer certificate at 1:45 hours on 8th May, 1990 and has been referred to the emergency ward. It is stated in the first information report that upon inquiring from Gordhanbhai Mohanbhai Dalvadi, the brother of the patient, as to how he had become unconscious, he had informed him that there was a marriage function on account of the marriage of Krushnabhai, son of Babbha Bhavansinh, where his brother had consumed about five bowls of opium. It is, accordingly, alleged that the accused Devshibhai by consuming opium without holding any pass or permit at the marriage function of the son of Babbha Bhavansinhbhai Darbar had committed the offence under section 8(c read with sections 17 and 29 of the N.D.P.S. Act. Pursuant to the lodging of the first information report, investigation came to be carried out and charge-sheet came to be submitted against two accused persons, namely, Zala Dharmendrasinh @ Babbha and Dalvadi Deshi Mohanbhai. Before the trial court, the prosecution has examined, in all, nine witnesses and has produced certain documentary evidence on record. After appreciating the evidence on record, the learned Additional Sessions Judge has come to the conclusion that the prosecution has not proved the charges levelled against the accused beyond reasonable doubt and has acquitted them.

(3.) MR . H. K. Patel, learned Additional Public Prosecutor has taken the court through the depositions of the witnesses and the documentary evidence on record to submit that through the deposition of the Medical Officer, the prosecution has duly established that the accused Devshibhai had consumed opium, on account of which, he had become unconscious. It is submitted that under the circumstances, insofar as the said accused is concerned, the offence under section 8(c of the N.D. P.S. Act has clearly been established. The learned Judge was, therefore, not justified in holding that the prosecution has not proved the charges levelled against the accused beyond reasonable doubt.