STATE OF GUJARAT Vs. JAYANTIBHAI MOTIBHAI PATEL

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Valsad at Navsari (for short, 'the Trial Court'), Dated : 28.02.1995, rendered in Sessions Case No. 64 of 1992, whereby, the learned trial Court acquitted the original accused Nos. 1 to 4 Respondents, herein, of the charge punishable under Sections 17, 22, 28 and 29 of the NDPS Act, 1985, by giving them the benefit of doubt.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 08.07.1992, PSI, Valsad Police Station received an information, and hence, he along with other police officials remained in look out Nr. New Court Building, Dharampur Road, Valsad. Pursuant thereto, at about 13:45 p.m., they found accused Nos. 1 and 2 passing thereby and on carrying out the search of the clothe bag held by accused No.1, opium was found therein. Since, the accused were having no license or permit to possess the same, a complaint was lodged against them. Pursuant thereto, police carried out investigation into the alleged offence, during which the names of accused Nos. 3 and 4 were revealed. On finding sufficient evidence, police filed charge -sheet against respondent -accused Nos. 1 to 4.

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