STATE OF GUJARAT Vs. KALUBHAI MOHANBHIA BARIYA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 08.12.2003 rendered by the learned Special Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, in Sessions Case No.165 of 1995. The said case was registered against the present respondentsoriginal accused for the offence under Sections 8, 27 and 29 of the Narcotic Drugs and Psychotropic Substance Act.

(2.) ACCORDING to the prosecution case, when Shri K.N.Patel, PSI, Bhavnagar was on duty on 25.09.1995 with his staff members at his police chowki, he received one information that through his informant that near panwadi chowk and near main gate of Pil Garden, one Mr. Koli Kalu Mohanbhai, resident of Bhavnagar was carrying Ganja in his possession and by selling the same getting money. Therefore, Mr. Patel informed to the District Superintendent of Police and and he called two panchas and both were informed regarding the said 'Batmi' and called members of the police. After drawing preliminary panchnama, they went to panvadi chowki where one person was present and on interrogating him, he disclosed his name as Koli Kalu Mohanbhai, resident of Vadva Khijadavade Sheri. Thereafter, Mr.Patel asked him whether he wanted to make search in presence of Gazetted Officer or not? He refused and search was carried out. During the search, Ganja was found from his possession. Thereafter, they called one shopkeeper Mr.Ashokkumar Jivamal Sindhi with weight measurement machine and the same was weighted 10 gram. Thereafter, the said contraband article was sealed and seized. On further interrogation, respondentaccused No.1 disclosed that he otained the said contraband article from one lady Godavari Valji resident of Ranika area. Accordingly, both the respondentsaccused were arrested. Thereafter, complaint has been filed by Mr.K.M.Patel, PSI and complaint, muddamal and accused were handed over to 'A' Division Police Station. Thereafter, the investigation was carried out by ASI Kiritsinh Gohil and recorded the statements of the witnesses and muddamal was sent to the FSL for scientific analysis and chargesheet was filed against both the respondentsaccused.

(3.) ON the basis of above allegations, charge was framed vide Exh.7 and readover and explained to the accused for the offence punishable under Sections 8, 27 and 29 of the Narcotic Drugs and Psychotropic Substance Act. The accused pleaded not guilty to the charge and claimed to be tried.