STATE OF GUJARAT Vs. MANOHAR SHANKARLAL KHILERI VISHNOI

JUDGEMENT

(1.) THOUGH served, none appears for the respondent -accused.

(2.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, BanaskanthaPalanpur dated 25.03.2003 rendered in Special Case No.54 of 2002, whereby the learned Trial Judge acquitted the original accused opponent herein of the charges for the alleged offences.

(3.) THE brief facts of the prosecution case are that on 29.01.2002, the complainant Police Sub Inspector, Shri N.L. Desai along with his staff was checking the vehicles going and coming on the road at Amirgadh Boarder Check -Post. It is further case of the prosecution that at about 15:30 hours, from Jodhpur Dhaba Hotel, which is under the jurisdiction of Rajasthan, the complainant was coming on foot in a suspicious manner. On coming near to the complainant, he was asked to stand. However, without giving any reply, he started running towards the eastern side where there was an open land. It is further case of the prosecution that therefore, the complainant and his staff chased him and he was apprehended. On searching his person, 1 k.g. and 20 grams of opium, including a plastic bag, was found and after following due procedure, a complaint being I -C.R.No.3005/2002 was lodged against the accused with Amirgadh Police Station.