STATE OF GUJARAT Vs. MOHMEDSAFI SHAKURBHAI RANGREJ

JUDGEMENT

(1.) THE present acquittal appeal has been filed by the appellant - State of Gujarat under Section 378(1) (3) of the Criminal Procedure Code against the judgment and order dated 21.5.2005 rendered in Special Case No.1 of 2004 (old) (new Case No.1 of 2000) by the learned Additional Sessions Judge and Special Judge, Fast Track Court, Dahod. whereby the accused has been acquitted of the charges of offence under sections 8, 27 of the Narcotic Drugs and Psychotropic Substances Act (herein after referred to as "the Act").

(2.) THE brief facts of the prosecution case are as under:

(3.) MRS . Punani, learned APP submitted that judgment and order of the learned trial Judge is not proper, legal and it is erroneous. She has also argued that the learned trial Judge has not considered the evidence of the witnesses and panchnama produced by the prosecution. She submitted that the learned Judge has failed in interpreting the provisions of Narcotic Drugs and Psychotropic Substances Act and has wrongly arrived at the conclusion that the accused has not committed offence under the Act. She also submitted that the learned trial Judge has wrongly given benefit of doubt to the accused and thereby has wrongly arrived at the conclusion of acquittal. She also submitted that the learned Judge has wrongly interpreted the deposition given by complainant Shri Sharma at Exhibit 19 and Shri Ishwarbhai at Exh.8 as well as Shri Lakhabhai at Exhibit