STATE OF GUJARAT Vs. MEHBOOBKHAN RANAJI MALEK

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Court No.2, Ahmedabad City (for short, 'the Trial Court'), Dated : 06.02.2001, rendered in Sessions Case No. 215 of 2000, whereby, the learned trial Court acquitted the original accused Respondent, herein, of the offence punishable under Section 15 of the NDPS Act, 1985, by giving him the benefit of doubt.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 04.03.2000, at about 18:00 p.m., while the accused -Respondent was passing by Roopali Theater in his jeep bearing registration No. GJ -9 - B -2249, a checking was carried out and he was found to be possessing opium, weighing about 750 gms. 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 respondent -accused.

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