STATE OF GUJARAT Vs. MANISHKUMAR @ MONTU RAJENDRAPALSINGH MEHTA

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor for the appellant State Ms. C.M. Shah and learned Advocate for the respondent Mr. Ashish M. Dagli.

(2.) BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 04.08.1999 of the learned Additional City Sessions Judge, Court No.15, Ahmedabad City in Sessions Case No.436/1995 whereby the respondent herein was acquitted of the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to in short as 'the Act').

(3.) THE case in brief and the incident which occurred on 21.09.1995 is as under: - When PI NN Pathan was on duty in the Narcotic Cell of the CID Crime Police Station, he had received a secret information that a person from Nagarvel Hanuman going towards Sanjay Chowk and thereafter, towards Bhilwada, Amraiwadi would be coming from the said place at about 11.00 pm or close to midnight and would be carrying and possessing a narcotic substance in the form 'Ganja' in a rectangular tin box. The said secret information was reduced into writing in the station diary of the said police station and the said PI took immediate steps to summon independent Panch witnesses and also asked concerned police officers to start preparing for a raid in connection with the secret information so received. The PI immediately intimated superior officers with regard to the information received. Two independent witnesses were brought over to the Office of the Narcotic Cell and were informed of the information so received. They were also asked for their preparedness to act as Panchas in the raid that was to be carried out. It is the case of the prosecution that on such witnesses expressing their readiness and willingness to act as Panchas, they were made as members of the raiding party and in the meanwhile, after preparing a preliminary Panchnama at the Office of the Narcotic Cell and after collecting the necessary equipments to be used and necessary in the carrying out of a raid of such nature, the officers of the raiding party as also the Panchas went to the site in a police vehicle and reached the place known as 'Sanjay Chowk'. It the case of the prosecution that the police vehicle was parked at some distance and thereafter, the members of the raiding party as well as the panchas kept waiting in the location near the Sanjay Chowk for a person corresponding to the description given in the secret information to pass from the said area. It is the case of the prosecution that at about 11.30 pm, a person carrying a rectangular tin box came towards the above described location. He was surrounded and stopped by members of the raiding party. The PI informed the said person that the police had received secret information that the said person was in possession of a large quantity of narcotic substance and informed the said person that the rectangular tin box as well as the person of the said accused were required to be searched. The mandatory provisions under the Act were followed. On opening the rectangular tin box, it was found that it contained a greenish leafy substance, which was packed in two plastic bags. On preliminary investigation, it was found that the said greenish leafy substance possessed the characteristic smell of 'Ganja'. The substance was weighed and it came to a total of 4.5 Kgs. About 200 grams of the said substance was drawn as sample, which was put into a plastic bag, tied with a string. The panch slip containing the signatures of the panchas as well as the said PI was affixed on the said bag and the said bag was thereafter, kept with a piece of cloth which was stitched and sealed. Thereafter, the accused was taken over to his residence where his mother was also present. However, nothing incriminating was found. The detailed Panchnama regarding the entire procedure carried out in the course of the raid was drawn at the site. The arrest memo was prepared under the Act and the same was served upon the accused. The complaint was registered and investigation was carried out. The said investigating officer recorded the statement of the relevant witnesses and on completion of the investigation, chargesheet came to be filed against the accused before the learned Sessions Judge. Charges were framed against the present accused, who pleaded not guilty to the charges and claimed to be tried. On completion of the evidence of prosecution, further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded and at the end of the trial, the learned Additional City Sessions Judge acquitted the accused. Hence, this Appeal.