STATE OF GUJARAT Vs. NANUBHAI THAKARSHIBHAI CHOVADIYA

JUDGEMENT

(1.) PRESENT appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 ('the Code' for brevity) has been directed against judgment and order dated 20/08/1999 passed by the learned Special Judge, Amreli, in Special Case No. 69 of 1998 whereby, the learned trial Judge was pleased to acquit the respondent herein original accused from the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for brevity).

(2.) HEARD Mr. K. L. Pandya, learned Additional Public Prosecutor for the appellant State of Gujarat and Mr. Jigar Gadhvi, learned advocate for the respondent.

(3.) BRIEF facts of the prosecution case are that on 31/08/1998 at about 11:00 a.m. five plants of psychotropic substance namely 'Ganja' of approx 12 kg. weight, worth Rs.24,000/were found planted in the land possessed and occupied by respondent original accused Nanubhai Thakarshibhai Chovadiya, situated in the sim of Village: Rangpur, Tal. and Dist.: Amreli, for the purpose of selling without any pass or permit. Two yellow coloured plastic bags containing about 3.8 kg. dry Ganja worth Rs.15,200/were also found near a Well situated at the spot and hence, the same was seized after following due procedure and the respondent was taken into custody. Accordingly, the accused was alleged to have committed the offence as above for which complaint had been lodged against him.