STATE OF GUJARAT Vs. RAFIQBHI SHAKURBHAI TAIBANI MEMON

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, 3rd Fast Track Court, Bhavnagar dated 26.09.2002 rendered in Special Case No.20 of 1998, whereby the learned Trial Judge acquitted the original accused opponent herein of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that on 17.06.1998, at about 6:30 a.m., the accused of this accused were waiting at Platform No.3 of S.T. Bus Station, Bhavnagar along with their luggage. At that time, the constable on duty at the S.T Bus stand told the complainant, who was on patrolling duty in the are of 'A' Division Police Station, that three accused were sitting at Platform No.3 with their luggage. It is further case of the prosecution that on seeing the police, the accused tried to run away. There were other policemen on patrolling duty. The police asked the accused whether they wanted to be searched in the presence of a Gazetted Officer or not. It is further case of the prosecution that the accused objected to do so, and therefore, they were searched. From the bag of accused no.1, 71/2 kgs. Of ganja were seized and from the bag of accused nos.2, 3 kgs. of ganja were seized and from the bag of accused no.3, 8 kgs. of ganja were seized. Thus, in all about 19 kgs. of ganja were seized from the accused. Thereafter, a complaint being I -C.R.No.278/1998 was lodged against the accused with 'A' Division Bhavnagar Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Sessions Judge, 3rd Fast Track Court, Bhavnagar which was, thereafter, numbered as Special Case No.20/1998. Since the opponentsaccused did not plead guilty and claimed to be tried, they were tried for the alleged offences.