STATE OF GUJ Vs. VAKTARAM BODANA

JUDGEMENT

(1.) THIS appeal under section 378 of the Criminal Procedure Code, at the instance of the State, is against the judgment and order of acquittal dated 10.06.1994 passed by the learned Additional City Sessions Judge, Court No. 7, Ahmedabad in Sessions Case No.149/1990.

(2.) THE facts in brief as emerging from the record are that on 07.03.1987, at around 2130 hrs., the respondents herein, original accused, were apprehended by officials of the Gujarat Railway Police Station at Platform No.1 of Ahmedabad Station. On carrying out search of the respondents, it was alleged that 330 grams and 220 grams of brown sugar was found from the possession of respondents no.1 & 2 respectively. The respondents were not holding any legal and valid permit to carry the said contraband article. Therefore, necessary procedure was followed and ultimately, an FIR was lodged against the respondents. At the end of investigation, chargesheet was filed against the respondents before the Magisterial Court. As it was a sessions triable case, the learned Magistrate committed the same to the City Sessions Court, Ahmedabad and it was numbered as Sessions Case No.149 of 1990.

(3.) AT the outset it is required to be noted that the principles which would govern and regulate the hearing of appeal by this Court, against an order of acquittal passed by the trial Court, have been very succinctly explained by the Apex Court in a catena of decisions. In the case of M.S. Narayana Menon @ Mani Vs. State of Kerala & Anr, [(2006) 6 S.C.C. 39], the Apex Court has discussed the powers of the High Court in Appeal filed against the order of acquittal. In para 54 of the decision, the Apex Court observed as under: