STATE OF GUJARAT Vs. BISNOI BRAHMAN BHARMAL

JUDGEMENT

(1.) THIS is an appeal by the appellant -State, seeking to challenge the judgment and order of the learned Addl. Sessions Judge, Junagadh (for short, 'the trial Court'), Dated : 13.11.1998, rendered in Sessions Case No. 57 of 1997, whereby, the trial Court acquitted the original accusedRespondent, herein, of the charges punishable under Sections 17 and 20(b) of the NDPS Act.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant received an information on 24.01.1997 that accused -Respondent, herein, is indulging in sell of prohibited narcotic substances. Hence, after carrying out a preliminary pranchnama in the presence of panchas, a raid was carried out at the place of residence of the accused -Respondent during which he was found to be possessing opium. Since, the accused was having no license or permit to possess the same, a complaint was lodged against him. Pursuant thereto, police carried out investigation into the alleged offence and on finding sufficient evidence, filed charge -sheet against respondentaccused.

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