STATE OF GUJARAT Vs. SARILKHAN D BABI

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 31.05.1993 rendered by the learned Additional Sessions Judge, Nadiad, in Sessions Case No.164 of 1992. The said case was registered against the present respondent original accused for the offence under Sections 20(b) and 22 of the Narcotic Drugs and Psychotropic Substance Act.

(2.) ACCORDING to the prosecution case, on 21.12.1991 Dy.S.P. received one information that one Shakilkhan Dilavarkhan Babi, resident of Jatvada, Kapadvanj was carrying some quantity of Charas and he was to come at S.T.Bus stand, Kapadvanj. Then, the complainant called PSI, T.B.Chandana and Kantibhai Naranbhai and Chimanbhai, Police Constables and two panchas and the said information was explained to them. Thereafter, preliminary panchnama was drawn and all the members of raiding party at about 10:00 o'clock at night reached to the ST bus stand, Kapadvanj. At that time, one person came out from from the said ST Bus stand and he was interrogated by officer and it was found that his name was Shakilkhan Dilavarkhan Babi, resident of Jatvada. Thereafter, search was carried out and from the pocket of the pant, muddamal was recovered and it was confirmed that recovered muddamal was Charas. So, one Sureshchandra Chandulal Soni from Kapadvanj was called and weight and measurement was undertaken and the same was 31/200 milligram. Thereafter, the said muddamal was sealed and seized in a plastic bag. Thereafter, second part of the panchnama was drawn and signatures of the panchas were also obtained and statement of the witnesses were recorded. Thereafter, the complainant filed complaint before the Kapadvanj Town Police Station. Muddamal was sent to FSL for examination and report of the FSL was also obtained. Then, charge - sheet was filed against the respondent -accused before the Judicial Magistrate First Class, Kapadvanj for the offences punishable under Sections 20(b) and 22 of the Narcotic Drugs and Psychotropic Substance Act. As the said case was exclusively triable by the Sessions Court, learned JMFC committed the said case to the Sessions Court, Nadiad, which was registered as Sessions Case No.164 of 1992.

(3.) ON the basis of above allegations, charge was framed vide Exh.3 and read -over and explained to the accused for the offence punishable under Section 20(b) and 22 of the Narcotic Drugs and Psychotropic Substance Act. The respondent -accused pleaded not guilty to the charge and claimed to be tried.