STATE OF GUJARAT Vs. MADHUGIRI LAKHMANGIRI NIRANJANAKADANA SADHU

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 10.10.2003 passed by the learned Addl. Sessions Judge & 7th Fast Track Judge, Porbandar in Sessions Case (NDPS) No. 55/2000, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 20(1)(b) of NDPS Act.

(2.) The brief facts of the prosecution case are that information was received on 2.6.2000 at Madhavpur Police Station to P.S.I., MR. U.K. Virda that Madhugiri Lakhmangiri who is Poojari of Suryamukhi Hanumanji Temple at Madhvpur is in possession of the land of the temple and the land of the temple has been covered by making boundaries and in the said land he has cultivated the plants of opium (Ganja) illegally and without any pass or permit. On the basis of the said information, PSI Mr. U.K. Virda had carried out due investigation and had carried out raid at the site along with the staff, panchas and trader doing weight. During the said raid, total 388 cultivated plants of opium (ganja) of 55 kg were found. The value thereof was assessed at Rs. 82,500/-. The 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 No. 55/2000. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined twelve witnesses and also produced forty five documentary evidences.