STATE OF GUJARAT Vs. SURJIT AMARSINH

JUDGEMENT

(1.) THE present acquittal appeal has been filed by the appellantState of Gujarat under Section 378 of the Criminal Procedure Code against the judgment and order dated 22.4.1998 rendered in Sessions Case No.198 of 1997 by the learned Additional City Sessions Judge, Court No.10, Ahmedabad, whereby the accused has been acquitted of the offence under section 20( b) 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.) THEREAFTER , investigation was carried out and the muddamal was sent to laboratory for analysis. Upon finding enough material against the accused, charge sheet was filed in the Court. Thereafter, charge was framed against the accused person, wherein the accused pleaded as not guilty. Therefore, the prosecution led oral as well as documentary evidence against the accused. Thereafter, after filing closing purshis by the prosecution, further statement of accused under Section 313 of the Code of Criminal Procedure, 1973 was recorded. The accused denied the case of the prosecution and submitted that a false case is filed against him.