STATE OF GUJARAT Vs. THAKOR GANDAJI KAKUJI

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 24.10.2000 passed by the learned Special Judge (NDPS), Mehsana in NDPS Case No. 5/1999, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 20 and 29 of NDPS Act.

(2.) The brief facts of the prosecution case are that the Police Inspector of Kalol Taluka Police Station Shri K.P. Patel, Divisional Police Officer Shri S.C. Parmar, PSI and Assistant Director, Narcotic Division, Ahmedabad and other policemen were busy with the NDPS work at the sim of village Santej on 15.3.1999, at that time, they received information that in the sim of village Kaseli near Turkhiya Plywood Factory in the field of Gandaji Kakuji Thakor and his son Udaji Gandaji, they have grown contraband artcile 'ganja' along with the crops of Tuver, Cotton, etc. Therefore, the police party arranged for raid after calling panchas. The raid was carried out in the presence of panchas and raiding party found that there were about 150 plants of 'ganja' grown in the field of the accused. Therefore, necessary 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, respondents were arrested and, ultimately, charge-sheet was filed against them, which was numbered as Special Case No. 5/1999. The trial was initiated against the respondents.

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