STATE OF GUJARAT Vs. SOMABHAI DEVABHAI DAMOR

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 11.12.1998 passed by the learned Addl. Sessions Judge, Panchmahals at Godhra in Sessions Case (Narcotic) No. 8/1996, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 20(B) of NDPS Act.

(2.) THE brief facts of the prosecution case are that the complainant, on receiving vardhi from the Police Inspector Mr. Sharma, he along with Police Constable had gone to village Ankalia, where PI Shri Sharma was present along with staff. Thereafter, they proceeded for carrying out prohibition raid at the house of respondent, and therefore, on seeing the Police Jeep, the respondent had ran away from there. Therefore, in presence of the panchas, the police had raided the premises and they found contraband article known as 'ganja' which was weighed and it was found 370 grams, which was seized in the presence of panchas and necessary panchnama of seizure of contraband article 'ganja' was prepared, and thereafter, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him, which was numbered as Sessions Case (Narcotic)No. 8/1996. The trial was initiated against the respondent.

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