STATE OF GUJARAT Vs. ALIHUSEN BAKARALI SAIYED

JUDGEMENT

(1.) PRESENT appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 (for short, the Code') has been directed against the judgment and order dated 27/06/2003 passed by the learned Presiding Officer, 2nd Fast Track Court, Nadiad in Special (NDPS) Case No. 12 of 1999, whereby, the learned trial Judge was pleased to acquit the respondent herein original accused from the offences punishable under Sections 20(b)(ii), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the said Act').

(2.) HEARD Mr. N. J. Shah, learned Additional Public Prosecutor, for the appellant State. Though served, none has appeared on behalf of the respondent original accused.

(3.) BRIEF facts of the prosecution case are that complainant Shri Balvantbhai Chaturbhai Megha, Senior Police Sub Inspector of Petlad Rural Police Station, received an information that the respondent original accused kept Narcotic Drug namely 'Charas' unlawfully in his house and sold the same. On information thus received, the complainant after following due procedure, raided the house of the respondent original accused along with two panchas and other staff. The respondent original accused was taking rest on a coat kept outside the house at the time of the raid. He was informed and asked by the raiding officer whether he wanted to be searched in presence of a Magistrate or a Gazetted Officer, to which he answered in negative and hence, he was searched in presence of the panchas. On search being made of the house, one plastic bag containing 'Charas' weighing 270 gms., valued at Rs.13,500/was found and recovered. The respondent original accused did not posses any pass and/or permit to posses or deal in Charas. Hence, muddamal 'Charas' was seized after following necessary procedure, the respondent original accused was arrested and complaint for the alleged offences was registered against him.