STATE OF GUJARAT Vs. JUBEDABEN FEZMOHMED MAKRANI

JUDGEMENT

(1.) THE present acquittal Appeals have been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 02.05.2000 rendered by the learned Additional Sessions Judge, Banaskantha, Deesa, in Special Case Nos. 54 of 1998 and 96 of 1999. The said cases were registered against the present respondents original accused for the offence under Section 20 read with Section -27 of the Narcotic Drugs and Psychotropic Substance Act.

(2.) ACCORDING to the prosecution case, on 27.04.1998, when the complainant Mr.V.D.Patel was on his duty at Deesa Police Station with Mohanbhai Kasturbhai and Raymalji, Police Constables, he received one information that at Hussain Chowk, one Fezmohmed Ramjanbhai Makrani was selling country liquor. Therefore, the complainant called two panchas at 17:30 o'clcok and in private vehicle they reached to the house of Fezmohmed, wherein they found that an iron gate was closed and on knocking down the said door, one Jubedaben opened the door and came out. Thereafter, the complainant, panchas and members of raiding party entered into the house and search was made and during the said search, Ganja was recovered from two plastic bags. Thereafter, one Bhagusinh Kunvarsinh was called from Deesa and weight and measurement was carried out and total Ganja weighing 1 Kg. 320 gram was recovered from Jubedaben. On being asked by PSI regarding pass and permit, she told that she did not have the same. Thereafter, samples of 25 - 25 grams were taken in presence of panchas and the said samples were sealed by the Police Inspector, Deesa. The, Jubedaben was interrogated by PSI and it was disclosed by her that her husband went to Palanpur and thereafter, she was arrested for the offences punishable under Sections 20 read with Section -27 of the Narcotic Drugs and Psychotropic Substance Act. Thereafter, the complaint was given by the complainant and investigation was carried out and statements of the witnesses were recorded and charge -sheet was filed against the her. Later on, husband of Jubedaben who was not present at the event of raid made by the raiding party, was arrested for the said alleged offences by police and he was produced before the Court and charge -sheet was also filed against him, which were numbered as Special Case Nos. 54 of 1998 and 96 of 1999.

(3.) ON the basis of above allegations, charge was framed vide Exh.5 and read -over and explained to the accused for the offences punishable under Section 20 read with Section -27 of the Narcotic Drugs and Psychotropic Substance Act. The respondents -accused pleaded not guilty to the charge and claimed to be tried.