STATE OF GUJARAT Vs. TULSIDAS HARIDAS SADHU

JUDGEMENT

(1.) THE present appeal under Section 378 of the Code of Criminal Procedure is filed by the State challenging the judgement and order of acquittal dated 29.11.1997 passed by learned Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 26 of 1994 whereby the respondent-original accused was acquitted of the offences punishable under Sections 15 and 29 of the Narcotics Drugs and Psychotrophic Substances Act ("NDPS Act" for short.)

(2.) THE brief facts of the prosecution case are that on 12.10.1990 at about 11.30 while the accused was travelling in Jeep bearing registration No. GJ-F-7129, opium doda weighing 100 kg. was found in his possession without pass or permit. A complaint was filed in that regard. The accused was arrested on the same day. On the basis of the complaint, investigation was carried out. After investigation, chargesheet was filed in the Court of Sessions, Banaskantha, Palanpur.

(3.) LEARNED APP, Ms. C.M. Shah, has contended that the trial Court has committed error in acquitting the accused of the charges levelled against him, though there are ample evidences produced before the trial Court to connect the accused with the crime. She further contended that the trial Court has erred in holding that muddamal is not narcotic substance under NDPS Act. She has further submitted that though sufficient evidence was available against the accused, the trial Court has acquitted the accused of the charges. She further submitted that the decision of this Court in the case of HATHI @ MANGALSINH VS. STATE reported in 1993(2) GLR 1743 relied on by learned counsel for the original accused is not applicable to the facts of the present case inasmuch as the FSL report at Exh. 33 on page No. 67 did clearly establish that it is a narcotic substance. In that view of the matter, the impugned judgement of the trial Court is required to be set aside.