STATE OF GUJARAT Vs. NADODA HEMABHAI BHALABHAI

JUDGEMENT

(1.) PRESENT appeal under Section 378 of the Criminal Procedure Code, 1973 ('the Code' for brevity) has been directed against judgment and order dated 21/08/1997 passed by the learned Additional Sessions Judge, Mahesana in Sessions Case No. 146 of 1995 whereby, the learned trial Judge was pleased to acquit the respondent herein original accused from the offence punishable under Sections 17 and 18 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. Sahil M. Shah, learned advocate for the respondent original accused.

(3.) BRIEF facts of the prosecution case are that on 23/12/1994 at about 8:30 a.m. when complainant M. D. Puwar, Police Sub Inspector, Anti Terrorists Squad and other police staff were petrolling in Mahesana town, he received information from a secret informant that the respondent herein would be passing through Palavasan three roads carrying with him narcotics viz. Opium illegally. Accordingly, they blockaded at Palavasan three roads, after carrying out necessary procedures and along with two panchas. When the respondent accused reached the spot, they enquired and searched him, following due procedure for the same and found about 1 kg. and 930 gms. Opium, without any pass or permit. Accordingly, the accused was alleged to have committed the offence as above for which, complaint had been lodged against him.