STATE OF GUJARAT Vs. MIRBAXKHAN IRADKHAN PATHAN

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. City Sessions Judge, Court No. 15, Ahmedabad (for short, 'the Trial Court'), Dated : 09.08.1993, rendered in Sessions Case No. 181 of 1992, whereby, the learned trial Court acquitted the original accused Nos. 1 to 3 of the charge punishable under Section 20(b) (ii) of the NDPS Act, 1985, whereas, accused No. 4 of the charge punishable under Section 29 of the aforesaid Act.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 05.02.1992, while the complainant and his colleagues were carrying out checking of the vehicles entering into the city of Ahmedabad, at that point time one autorickshaw came, wherein, three passengers were sitting and they were found to be trying to hide a raxine bag lying in front of them in the said autorickshaw. On carrying out examination of the said bag, the alleged contraband was found from the same. Since, the accused were having no license or permit to possess the same, a complaint was lodged against them. Pursuant thereto, police carried out investigation into the alleged offence and on finding sufficient evidence, filed charge -sheet against respondent -accused Nos. 1 to 4.

(3.) AT the time of trial, the prosecution, in support of its case, examined eleven witnesses.