STATE OF GUJARAT Vs. VIKRAMSINH DAHYABHAI RAJPUT

JUDGEMENT

(1.) THE present Appeal is directed against the impugned judgment and order passed in Sessions Case No. 30 of 1997 by the learned Additional City Civil and Sessions Judge, Ahmedabad dated 30.12.1997 recording the acquittal of the accused for the charges for the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(2.) THE facts of the case briefly summarized are that on 24.11.1996 on the basis of the information received by the Police Constable of Gomtipur Police Station, the Police Sub - Inspector has laid a raid and the accused was found in conscious possession of the brown -sugar in a plastic bag. Therefore, the complaint was lodged by the PSI with Gomtipur Police Station which was registered as Prohibition CR No. 565/1996. On the basis of the complaint, the investigation was made and the charge sheet was filed against the accused for the offence under the NDPS Act and the case was registered as Sessions Case No.30 of 1997 with the City Civil and Sessions Court, Ahmedabad. Learned Additional City Civil and Sessions Judge, Ahmedabad proceeded with the trial after the charge was framed. On appreciation of material and evidence and after hearing the learned APP as well as learned Advocate for the defence, the court below recorded the acquittal which has led to the present Appeal.

(3.) IT is this judgment and order which has been assailed in the present Appeal on the ground stated in the memo of appeal.