STATE OF GUJARAT Vs. ZAHIRUDDIN @ BHURA RASULBHAI

JUDGEMENT

(1.) SON of the respondent -accused is present before this Court, he states that the respondent is suffering from paralysis, therefore, he could not remain present before this Court. Looking to the fact that this appeal is of 1996, the same is taken up for hearing today.

(2.) THE present acquittal appeal has been filed by the appellantState of Gujarat under Section 378 of the Criminal Procedure Code against the judgment and order dated 6.7.1996 rendered in Special Case No.88 of 1996 by the learned Special Judge, Bharuch, whereby the accused has been acquitted of the charges of offence under sections 8 (C) and 20 B (i) of the Narcotic Drugs and Psychotropic Substances Act (herein after referred to as "the Act").

(3.) THE brief facts of the prosecution case are as under: