STATE OF GUJARAT Vs. BIMALNANDI KRISHNANANDI TELI

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 21.10.1999, rendered by the learned Sessions Judge, Himatnagar, in NDPS Case No.3 of 1999. The said case was registered against the present respondent original accused for the offences punishable under Sections 8(c), 20(b) and 22 of the Narcotic Drugs and Psychotropic Substance Act.

(2.) ACCORDING to the prosecution case, on 31.12.1998, when Shri L.K.Pranami was serving as LCB Police Inspector, Himatnagar, Sabarkantha, he received information that at Hathmati river, near Hanumanji Temple, one person from West Bengal came to sell Charas. As per the said information, he informed to DSP and called two panchas and members of raiding party at LCB Police Station. Thereafter, they reached to the Hathmati river in government Vehicle, where they found that one person was selling Charas. When he tried to run away, he was caught by police and his name was asked. Thereafter, he asked whether he wanted to make search before the Magistrate, he denied the same. Thereafter, the bag of that person was obtained and from the bag, black coloured sticks smelling Charas were found. On being asked about the pass and permit, he told that he did not have the same. Thereafter, in presence of panchas, the said Charas sticks were measured, which were weighing 950 grams cost of Rs.15,000/ -and from the said sticks of Charas, samples of 100 grams was obtained and sealed and seized was done by the Trapping Officer and signatures of panchas were also obtained. During the search, currency notes of Rs.46,000/ -in denomination of Rs.100/ -and Rs.500/ -were also found. Thereafter, second part of the panchanma was drawn and present respondentaccused was arrested and complaint was given bearing registration No.1 of 1999 before the Himatnagar Police Station. Thereafter, the investigation was handed over to PI Shri Pranami and statements of witnesses were recorded. Receipt regarding the recovery of muddamal was issued to the respondentaccused. Then, superior officer was informed and muddamal was sent to FSL through area constable. Panchanma was also carried out and chargesheet was filed against the respondentaccused for the offences punishable under Sections 8(c), 20(b) and 22 of the Narcotic Drugs and Psychotropic Substance Act before the Sessions Court, Himatnagar, which was registered as NDPS Case No.03 of 1999.

(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 Section 8(c), 20(b) and 22 of the Narcotic Drugs and Psychotropic Substance Act. The respondentaccused pleaded not guilty to the charge and claimed to be tried.