STATE OF GUJARAT Vs. AZIZ AHMED NOTIAR

JUDGEMENT

(1.) THE present Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 is directed against the impugned judgment and order in Sessions Case No. 240 of 1995 by the learned Additional Sessions Judge, Rajkot dated 12.11.1997 recording the acquittal of the accused for the alleged offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(2.) THE facts of the case briefly summarized are as follows:

(3.) IT is the case of the prosecution that on 23.8.1986, the Customs Inspector - B.C.Burgy received an information that some Narcotic Drug like charas is likely to be carried to Rajkot. Therefore he and the staff members checked the buses and trucks and while checking the bus near Bamanbore they found the present accused traveling in luxury bus from Bombay to Rajkot carrying with him cotton bag containing six pallets of charas each of 5 tolas. Therefore when it was searched and found that the accused is having in his possession the charas it was taken to the Customs Officer, Rajkot and the panchnama was drawn in the Customs Office at Rajkot regarding the seizure of the goods (charas). Further, his statement under Section 108 of the Customs Act was recorded. The sample of the drug (charas) seized from him were sent to the Chemical Analyzer, New Delhi and the Superintendent of Customs lodged the complaint before the learned Chief Judicial Magistrate, Rajkot. On the basis of this complaint it culminated into Sessions Case No.240 of 1995. The court below has framed the charges against the accused for the offence under Section 20 of the NDPS Act and proceeded with the trial. The learned Sessions Judge on appreciation of evidence and after hearing the learned APP and the learned Advocate for the defence recorded the acquittal, which has led to the present Appeal. It is this judgment and order which has been assailed in the present Appeal on the grounds stated in the memo of appeal.