STATE OF GUJARAT Vs. ABDULBHAI VALIBHAI SIPAI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 12.3.2004 passed by the learned 2nd Fast Track Judge, Amreli in Sessions Case No. 62/2002, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 8 and 27 of NDPS Act.

(2.) THE brief facts of the prosecution case are that the complainant Shri A.T. Dube, Police Inspector, Savarkundala Taluka Police Station and other staff while on patrolling duty to enquire about gambling and prohibition incidents and were passing by Azad Chowk, at about 13.40 hrs. That while going so, they received information that the accused Abdulbhai Valibhai Sipai is keeping narcotic drugs in his possession and selling the same by preparing packets, is wandering near Luvana Mahajanvadi. Thereupon, the complainant called two panchas and prepared the preliminary panchnama. Thereafter, after completing necessary procedure, the complainant along with his staff went to Mahajan Wadi. That on seeing the police, the accused tried to run away. However, Police Constable Kalubhai apprehended the accused while he was running. Thereafter, search was carried out and on the left pocket of the pant of the accused, ganja contained in a polythene bag was recovered. The weight of the said ganja is 5gm 50mg value at Rs. 50/ -. He was not having any pass or permit to deal or possess ganja.

(3.) TO prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.