STATE OF GUJARAT Vs. MAHEBUBKHAN FIROZKHAN PATHAN

JUDGEMENT

(1.) By way of these appeals, the appellant State has challenged the common judgment and order of the learned Special Judge (NDPS), Surat dated 29.08.1998 rendered in Sessions Case Nos.282 of 1996 and 173 of 1997, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the offences punishable under Sections 8, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act" for short).

(2.) The brief facts of the prosecution case are that a complaint was lodged by the complainant being II-C.R.No.212 of 1997 with Athvaline Police Station, Surat, wherein on 28.08.1996, on information that the accused-respondents herein were keeping and selling the ganja and charas and doing their business of the same without having pass or permit, the complainant S.A. Sardar, P.I., Dy.S.P. A.T.S., B.R.Patil and P.I. M.T. Rana and other police personnel along with his staff and panchas went to the place of the accused and on raiding the said place, they found 908 grams charas 182 grams ganja and cash of Rs.2,29,400/- along with other plastic bags, two weighing machines/equipment. It is further case of the prosecution that on further investigation, sample of ganja and charas were sent for necessary scientific test to Forensic Science Laboratory. On further investigation, it was confirmed that the said sample were ganja and charas.

(3.) After completion of the investigation, the chargesheet was filed before the learned Special Judge (NDPS), Surat which was, thereafter, numbered as Sessions Case Nos.282/1996 and 173/1997. Since the opponents-accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.