STATE OF GUJARAT Vs. DASHRATHLAL MANILAL MODI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Ahmedabad (Rural) at Gandhinagar (for short, 'the trial Court'), Dated : 31.03.1999, rendered in Sessions Case (NDPS) No. 37 of 1998, whereby, the learned trial Court acquitted the original accused Respondent, herein, of the offence punishable under Sections 15 and 22 of the NDPS Act, 1985.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 25.07.1998, the original complainant received an information that the original accused -Respondent, herein, who has been residing at House No.15 and running a grocery shop in the name of 'Modi Kirana Stores' from the said premises, Sector -24, Gandhinagar, illegally keeps and sells opium poppy. Hence, the complainant along with the panchas and the other police officials raided the aforesaid premises, whereupon, opium poppy, weighing about 14.50 kgs., was found, and hence, 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 thirteen witnesses.