STATE OF GUJARAT Vs. JANGAM BAVA JAYANTILAL

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order dated 3rd February, 1993 passed by the learned Sessions Judge, Junagadh in Sessions Case No.10 of 1992.

(2.) THE facts of the prosecution case are that on 20.10.1991 at 8:00 O'clock at night, the accused was arrested and brought to the Junagadh City Police Station in connection with an offence under sections 363 and 363A of the Indian Penal Code being I ­ C.R. No.552/1991. At that time, he was searched and certain articles were recovered from him, including two plastic bags which were filled with ganja. Upon weighing the ganja, it was found to weigh 95 grams, hence, a panchnama was made in this regard and the Police Inspector - Shri B. G. Chavda lodged a first information report against the accused. The said first information report came to be registered as Junagadh City Police Station III ­ C. R. No. 817 of 1991 for the offences punishable under the provisions of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(3.) A perusal of the record shows that the respondent No.1 is unserved. However, the learned Additional Public Prosecutor, despite having been given an opportunity of furnishing the fresh address of the respondent, has failed to furnish the same. However, having regard to the facts of the case and the view that the court is inclined to take in the matter, it is not necessary to wait till the respondent is served.