STATE OF GUJARAT Vs. BALKARSINH HARISINH JHAT SHIKH

JUDGEMENT

(1.) The appellant State has preferred this appeal under Section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 4.3.1993 passed by learned Additional Sessions Judge, Kutch-Bhuj, in Criminal Case No. 9 of 1991 whereby the respondent-original accused was acquitted of the charges under Section 20(b)(1)(2) of Narcotics Drugs and Psychotropic Substances Act, ('NDPS Act for short) by giving benefit of doubt.

(2.) The facts of the case, in a nutshell, is that on 20.9.1990 the respondent-original accused was found in possession of 750 grams of Ganja without permit with an intention to sell the same and thereby he committed an offence under the said NDPS Act. Therefore, chargesheet was filed in the Court of Sessions Judge, Kachchh-Bhuj. Charge was read over and explained to the accused. He pleaded not guilty to the charge and claimed to be tried. The prosecution examined ten witnesses and produced panchnama of seizure of muddamal and other documents. Further statement of accused under Section 313 of the Code of Criminal Procedure was recorded. The trial Court, after considering the evidence on record, by the aforesaid judgement and order, acquitted the accused of the charge levelled against him. Hence the present appeal.

(3.) To prove the case against the respondent-original accused, the prosecution has examined following witnesses: