STATE OF GUJARAT Vs. MAHENDRASINH @ GUDDU KULWANTSINH RAJPUT

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Ahmedabad (Rural) (for short, 'the Trial Court'), Dated : 20.01.2003, rendered in Sessions Case No. 2 of 2001, whereby, the learned trial Court acquitted the original accused Respondent, herein, of the charge punishable under Sections 8 and 20(b)(ii) of the NDPS Act, 1985, by giving him the benefit of doubt.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 07.11.2001, the original complainant received an information that one person is going to come with the alleged contraband to sell the same in front of Flour Mill of Chandarana. Hence, panchas were called and a raid was arranged. On reaching the place of offence, the police and panchas remained in watch of the accused and at about 15:15 p.m., one person found to be coming towards Chandarana Flour Mill, and hence, he was cornered and on carrying out his search, the alleged contraband was found. Since, the accused was not having any pass or permit to possess the same, a complaint came to be lodged against him. On finding sufficient evidence, police filed charge -sheet against the accused -respondent.

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