STATE OF GUJARAT Vs. KRISHNAN A ARJUN

JUDGEMENT

(1.) THE present appeal, under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.1.1994 passed by the learned Additional Sessions Judge, Rajkot, in Sessions Case No.195 of 1993, whereby the accused has been acquitted from the charges leveled against him.

(2.) THE brief facts of the prosecution case are such that on 2.12.1992 at about 2:00 p.m., the Railway Inspector Shri Jadeja was petrolling and at that time, Police Constable Shri Natubha informed about suspicion at Railway Station and therefore, they called panchas and went to the platform No.3, where they found accused and on carrying out search, 750 Grm. cannabis (Ganja Bhang) was found from the possession of the accused. The accused had no permit or licence for keeping the said cannabis and he had not explained anything satisfactorily. Thereafter, panchnama was prepared and sample was sent to the Laboratory. The accused was then arrested by Rajkot Railway Police for the offence punishable u/s. 22 of the Narcotic Drugs and Psychotropic Substances Act. Charge -sheet was filed against the accused and the accused pleaded not guilty therefore, his case was tried.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.