STATE OF GUJARAT Vs. JANAKSINH NIRUBHA PARMAR

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 23.1.2001 rendered by the learned Additional City Sessions Judge, Court No.10, Ahmedabad, in Sessions Case No.315 of 1999 whereby the learned Judge acquitted the accused of the charges levelled against him. The said case was registered against the present respondent original accused for the offence under Sections 8(c), 21 and 22 of the N.D.P.S. Act.

(2.) ACCORDING to the prosecution case, on 19.11.1999, Police Inspector Shri A.L.Desai, was incharge of the Madhavpura Police Station. On that day at about 2.15 a.m. Head Police Constable Laxmanbhai, who was attached to the Surveillance Squad of the said Police Station informed the said Police Inspector with regard to the secret information to the effect that, the accused was carrying on illicit trafficking of narcotic drugs and psychotropic substances from the residence located at Shahibaug Police Head Quarters, Police Block No.1, Room No.579 and it was further informed to the said Police Inspector that, if the raid to the said premises was not carried out immediately, there were all chances that incriminating narcotic substances would be disposed of. After making arrangements for the conduct of a raid the members of the raiding party reached the site of the raid i.e. Room No.579 of Block No.1 of the Shahibaug Police Quarters and it was found that the main door of the said room No.579 was found closed and upon knocking the said door a person came out from the said premises. On searching the premises, from the kitchen Jar was found containing brown coloured powdery substance. Hence the complaint came to be lodged.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of the investigation, accused was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.