STATE OF GUJARAT Vs. KHARVA RAMJIBHAI GOVINDBHAI

JUDGEMENT

(1.) THE present acquittal appeal has been filed by the appellant State of Gujarat under Section 378 of the Criminal Procedure Code against the judgment and order dated 28.2.2003 rendered in Special Case No.42 of 1995 by the learned Additional Sessions Judge, Fast Track Court, Porbandar, whereby the accused has been acquitted of the charges of offence under Sections 20, 22 and 35 of the Narcotic Drugs and Psychotropic Substances Act (herein after referred to as "the Act").

(2.) THE brief facts of the prosecution case are that the accused was being interrogated in connection with Porbandar 'A' Division Police Station, C.R.No.III -125 of 1994 and at that time he informed the police that in a house in his possession, broken pieces of Ganja Plant (including seed, leaves, branches, stem etc.) are kept. The owner of the said house is Valiben. Therefore, the complainant called panchas and said house situated at Panchhatadi was searched and broken pieces of Ganja plant weighing 1540 grams were seized from the wooden cup -board kept in the room of the said house. Said Ganja plant was in nine plastic bags, kept in aluminum tin.

(3.) HEARD learned APP, Ms.Bhatt appearing for the appellant and Mr.Raxit Dholakia for the respondent.