STATE OF GUJARAT Vs. KOLI BHAGVANBHAI RAMJIBHAI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order of acquittal dtd. 18/09/2008 rendered in Specail NDPS Case No.253 of 1994 by the learned Special Judge (Fast Track Court No.2) Bhavnagar camp at Mahuva acquitting the respondent-org. Accused from the charge of offence punishable under Ss. 8 and 20(a) of the Narcotics Substances and Psychotropic Substances Act (for short the " NDPS Act "), the appellant-State of Gujarat is before this Court by preferring an appeal under Ss. 378(1)(3) of the Code of Criminal Procedure (for short the CrPC ).

(2.) The prosecution in nutshell is that complainant - Mr.B G Mori, PSI, Mahuva Police Station gave a complaint on 10/09/1994 that when he along with other police officials were present at Mahua Police Station, he received a secret information that present respondent-accused was illegally cultivating the Ganja in the Vada nearby his house and plant of green Ganja was standing. As the raid was to be carried out, two Panchas viz., Narvinsinh Janubha Chudasma and Rajnikant Dahyalal Bhatt were called and the preliminary Panchnama was drawn and thereafter all the officials were gone to the house of respondent-accused; where he was present and raid was carried out whereupon13 plants of Ganja was found and upon verification, it was found as plants of Ganja total weighing 1.400 Grams valued at Rs.2,800.00. Out of which, 400 Grams were kept in bag and sealed and the Panchnama was drawn in presence of Panchas. It is further the case of prosecution that when respondent-accused was asked for any pass, permit or licence to keep the said narcotics substance, he was not holding any valid pass or permit and was found illegally cultivating the Ganja and thus the accused was found to have committed offence punishable under Ss. 8 and 20 of the NDPS Act. Thus, the FIR came to be lodged before the Mahuva Police Station.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Mahuva. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Bhavnagar as provided under Sec. 209 of the Code.