STATE OF GUJARAT Vs. MAGANJI KARAMSIJI THAKORE

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Fast Track Court, Palanpur dated 07.01.2003 rendered in Special (NDPS) Case No.135 of 1996, 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 a complaint was lodged by the complainant being I -C.R.No.34 of 1996 with Bhabhar Police Station, wherein on 12.02.1996, on information that the accused -respondent herein was keeping the ganja plants at his field and doing his business of the same, the PSI -Shri K.K. Zala, Head Constable Jorabhai Punjabhai and Head Constable Lalsing Chhaguji along with his staff and panchas went to the aforesaid place and on raiding the said place, they found 15 ganja plants weighing about 700 grams. It is further case of the prosecution that on further investigation, sample of 15 grams ganja was sent out of 700 grams for necessary scientific test to Forensic Science Laboratory. On further investigation, it was confirmed that the said sample was ganja.

(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, Fast Track Court, Palanpur which was, thereafter, numbered as Special (NDPS) Case No.135/1996. Since the opponent -accused did not plead guilty and claimed to be tried, he was tried for the alleged offences.