STATE OF GUJARAT Vs. ASHARAF MUSA MEMAN

JUDGEMENT

(1.) By way of this appeal, the appellant State has challenged the judgment and order of the learned Extra Asst. Sessions Judge, Jamnagar, Dated : 24.09.1996, rendered in Criminal Case No. 12 of 1996, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charges under Sections 8, 20, 27, 29 of the NDPS Act, 1985.

(2.) The brief facts of the case of the prosecution, as set out before the trial Court, are that the complainant, herein, received a secret information on 30.01.1996 that the original accused-respondent, herein, is selling narcotics substances illegally. Hence, a search was carried out at the residential premises of the respondent-accused, during which about 42 gms. of charas was found from the residence of the accused. On being asked, the respondentaccused refused to have any permit to possess the same, and therefore, he was apprehended and a complaint was registered against him. Pursuant thereto, police carried out investigation into the alleged offence and on finding sufficient evidence, filed charge-sheet against respondentaccused.

(3.) At the time of trial, the prosecution, in support of its case, examined seven witnesses.