SUPERINTENDENT OF CUSTOMS Vs. MAMAD SUMAR MOKHA

JUDGEMENT

(1.) By way of the present appeal, the appellantoriginal complainant - Superintendent of Customs has challenged the judgment and order dtd. 16/7/1993 passed by Additional Sessions Judge, Kachchh in Criminal Case No.38 of 1991, whereby acquitting the opponent Nos.1 to 5 - original accused for the offences punishable under Sec. 20, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) Shri D.M.Meena, Inspector of Customs, Bhuj, who was entrusted the duty of keeping watch over the movement of some suspected persons at Bhid Gate and surrounding areas, had on 17/1/1986 noticed a new jeep carrying temporary No.MRB-352 going towards Sarpat Gate. The inspector had intercepted the said vehicle at 19.15 hours and inquired about the ownership of the said vehicle, in response to which, the persons sitting in the vehicle had replied that the jeep belonged to one Adam Noormamad of Bhuj. The said person was suspect and, therefore, by the time the inspector could check the vehicle, the said persons sitting in the jeep had escaped in the busy area of Bhid.

(3.) The said inspector therefore, made a telephone call to the Customs Divisional Office seeking additional manpower. The officers from the Customs Division Office rushed to the spot and checked the jeep in presence of the independent witnesses, during which charas weighing 5 kgs. was discovered from the jeep and, therefore, the recovered quantity of the contraband and the vehicle were put under seizure under the panchnama dtd. 17/1/1986 (Exh.37 at Page 128 of the paper-book).