STATE OF GUJARAT Vs. ABDUL SATAR MAHMAD SIDIQ

JUDGEMENT

(1.) THIS appeal is filed by the State against the judgement dated 12.5.1992 rendered by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No.35/1990 whereby the learned trial Court acquitted the accused for the offences punishable under section 20(c) read with section 65 of the Bombay Prohibition Act, 1949 and for section 20 in the alternative under section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE prosecution story in brief is that when the concerned police officers were on patrolling at about 3:00 pm on 5.7.1987, one person was found in suspicious condition at Bardhan chowk, near Shreenathji Vasan Bhandar at Jamnagar. When he saw the police officer, he tried to run away from the said place. The police personnel caught him, searched him and found two anni (0.8 gram) charas from the right side pocket of the said person. Therefore, FIR came to be registered under section 66(1)(b) and section 20(c) of the Prohibition Act. The investigation was carried out and chargesheet was filed against the accused. Charge was framed at exh.2 against the accused for committing offences punishable under section 20(c) read with section 65 of the Prohibition Act as well as under section 20 in the alternative under section 27 of the NDPS Act, 1985.

(3.) DURING the trial, the prosecution examined three witnesses. Premjibhai Laxmidas, PW1, exh.1 and Amad Emasail, PW2, exh.8 were panch witnesses. Both these witnesses did not support the case of the prosecution and therefore, were declared hostile.