STATE OF GUJARAT Vs. RAMCHANDRA BHIMGODE

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 28/01/1994 passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 126 of 1993 whereby, the learned trial Judge was pleased to acquit the respondents herein original accused for the offence punishable under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1989 ('the Act' for brevity).

(2.) HEARD Mr. Hardik Soni, learned Additional Public Prosecutor, for the appellant State of Gujarat. Though served, none has appeared on behalf of the respondents accused.

(3.) BRIEF facts of the prosecution case are that on 19/03/1993 at about 5:30 p.m. behind Bhavnagar S. T. Busstand, 1750 gms. of Ganza was recovered from the possession of respondent No. 1 original accused No. 1 Ramchandra Bhimgode resident of Bagarda, Taluka: Patopura, Distrct: Gojamp, Orissa without any pass or permit from a plastic bag possessed by him. From the statement of respondent No. 1, the respondent Nos. 2, 3 and 4 original accused Nos. 2, 3 and 4 were also interrogated by the investigating officer and since found involved in the crime too, eventually arrested and accordingly, the accused were alleged to have committed the offence as above for which, a complaint had been lodged against them.