STATE OF GUJARAT Vs. ISMAIL @ LILU AMIR SHAIKH

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 12.10.2004 rendered by the learned Special Judge, Bharuch, Fast Track Court No.6, Bharuch, in Special N.D.P.S. Case No.14 of 1998. The said case was registered against the present respondentsoriginal accused for the offence under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act.

(2.) ACCORDING to the prosecution case, on 20.08.1998, when Mr.M.D. Puvar was serving as PSI at Jambusar Police Station, he received one information from his private informant that resident of Ajmeri Nagri namely Ismail @ Lilu Amir Shaikh was coming with particular quantity of Charas at Chadpir Dargah. So, he called staff members with two panchas and the said information was reduced in writing in station diary in secret register. The said information was sent to the higher officer S.P. as well as Dy.S.P. and Circle Police Inspector of Jambusar Police Station. Then, contents of the information was disclosed to panchas and members of raiding party and preliminary panchnama was drawn. In private vehicle, they went to the place of raid, where, at round about 19:30, one person came from Dabha Cross Road and informant identified the said person as Ismail @ Lilu Shaikh and he went away from the place.

(3.) ON the basis of above allegations, charge was framed vide Exh.14 and readover and explained to the accused for the offence punishable under Sections20(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act. The accused pleaded not guilty to the charge and claimed to be tried.