STATE OF GUJARAT Vs. LAXMANBHAI DAJIBHAI

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 12.10.1992 rendered by the learned Sessions Judge, Valsad, in Sessions Case No.88 of 1990 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 Section 66(1)(b) of the Bombay Prohibition Act and under Section 20(b) of the N.D.P.S. Act.

(2.) ACCORDING to the prosecution case, Rohitdas Fakirbhai, Police Constable was serving at Vapi. At about 7:30 p.m. on 20.4.1990 he received information and conveyed to CPI that the accused is keeping opium and Ganja at his hut and is doing the business of selling the same and, therefore, it was decided to carry out the raid. After completing necessary formalities the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(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.