STATE OF GUJARAT Vs. GHANSHYAM RAMKUMAR SHARMA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Rajkot (for short, 'the trial Court'), Dated : 31.01.1995, rendered in Sessions Case No. 259 of 1993, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charge under Section 21 of the NDPS Act ('the Act, for short).

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that while the original complainant, who was discharging duties as PSI at that point of time, was present on duty on 18.02.1993, he received a secret information that the original accusedRespondent, herein, keeps and sells narcotic substances from his house. The complainant, hence, called the panchas and informed that a raid is to be carried out. Then, after carrying out necessary procedure of mutual checking etc. and drawn preliminary panchnama, the panchas and the police personnel went to the house of the accused, who was present there. The complainant informed the accused that a search is to be carried out of his residence in connection with narcotic offence. The complainant also asked the accused, whether he would like the search to be carried out in the presence of a Gazetted Officer or an Executive Magistrate, which the accused denied. Pursuant thereto, search was carried out and prohibited narcotic substance was found from the residence of the accused. Hence, the complainant lodged the complaint in question. On registration of the offence, police carried out the investigation and on finding sufficient evidence, a charge -sheet was filed against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

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