STATE OF GUJARAT Vs. DHANSUKHBHAI KHIMABHAI JIKADARA

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 25.2.2004 passed by the learned Fast Track Judge, Amreli in Sessions Case No. 96/2002, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 20(A) of NDPS Act.

(2.) THE brief facts of the prosecution case are that upon receiving information, the police party raided the agriculture field of accused person in presence of panchas. The agriculture field was belonging to one Kumbhar Vitthal Khima admeasuring about 8 vighas and it was found that along with other crops like groundnut, castor and maize, the accused was also cultivating opium without any pass or permit and hence after following legal provisions as contemplated under the Act, particularly, under sec. 42 and 15 of the NDPS Act, the opium plant was seized and duly packed by following necessary procedure as contemplated under the Act, offence under sec. 20(A) 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. 96/2002. The trial was initiated against the respondent.

(3.) TO prove the case against the present accused, the prosecution has examined the following witnesses <FRM>JUDGEMENT_91_LAWS(GJH)4_2015.htm</FRM>