STATE OF GUJARAT Vs. JAYSUKHBHAI RAMJIBHAI CHAVDA

JUDGEMENT

(1.) This appeal is directed against the judgement and order of acquittal dated 8th June, 2012 passed by the learned Special Judge, Amreli in Special Case No.61 of 2010, whereby he has acquitted the accused of the offences under section 20(a) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act )

(2.) The prosecution case is that the first informant P. S. I. Mr. A. P. Patel, on 23.8.2010, received telephonic instructions at the Dhari Police Station from the Superintendent of Police, Amreli that one Jaysukhbhai Ramjibhai Chavda, who was carrying on his business in a fruit-cart at Nagrik Bank Chowk of Babra village, is illegally selling ganja (cannabis) and that they should conduct a raid. Therefore, he along with Head Constable Bharatgar Lalgar, Harshadbhai Jani and others had set out in a private vehicle to Babra and had issued a yadi to Mr. N. K. Adhera, Mamlatdar, Babra to remain present. They had called two panchas and drawn a preliminary panchnama and accordingly, made an entry in the Babra Station Diary vide Entry No.20/10. Thereafter, the police staff, Mamlatdar and the panchas came to the spot at Nagrik Bank Chowk. Upon asking the fruit-cart owner about his name, he had stated that his name was Jaysukhbhai Ramjibhai. Thereafter, they had introduced themselves and given him in writing that he was required to be searched in person. Upon searching him, from the pocket of his pajama, a plastic bag bearing green and dry ganja was found. A dealer was called for weighing the same with weighing scales and it was found to weigh 100 grams, out of which 50 grams ganja was taken in a plastic bag and the same was kept in a cloth bag and sealed and a slip bearing the signatures of the panchas was placed thereon. Two bags containing 50 grams ganja each were prepared in the presence of panchas and seized. The accused was arrested and the first information report came to be lodged with the Babra Police Station. Pursuant thereto, charge came to be framed against the accused for the offence punishable under section 20(a) of the N. D. P. S. Act. It appears that during the course of investigation, the name of the accused No.2 Dharmendrasinh alias Dhambhai Bahadursinh Gohil came to be revealed from whom the accused No.1 is stated to have purchased the contraband goods.

(3.) During the course of trial, the prosecution examined in all eight witnesses and produced certain documentary evidences on record. The learned Special Judge, after appreciating the evidence on record, found that the prosecution had failed to establish the charges levelled against the accused and acquitted them.