STATE OF GUJARAT Vs. PADUBHA MANUBHA

JUDGEMENT

(1.) THIS appeal is filed by the State against the judgment and order dated 09.10.1992 passed by learned Additional Sessions Judge, Bhavnagar in Sessions case No.58 of 1991, whereby, all the accused are acquitted for the offenses punishable under Sections 8, 15 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

(2.) THE prosecution case in nutshell was that on 28.02.1991, the complainantPolice Sub Inspector of Songadh Police Station was on petrolling alongwith staff members. At that time he received the information that one tempo carrying poppystraw is coming from Bhavnagar and therefore, the complainant and the other staff members were in watch at the GEB Sub Station. At that time, they saw one tempo bearing registration No.GRW1943 19/45 coming from Bhavnagar.

(3.) THE State has preferred this appeal against only one accused i.e. original accused No.1Padubha Manubha. Therefore, we will confine our discussion with regard to evidence against the said accused.