STATE OF GUJARAT Vs. MUSALMAN SAMA MOLANA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Banaskantha at Palanpur (for short, 'the Trial Court'), Dated : 25.01.1994, rendered in Sessions Case No. 34 of 1989, whereby, the learned trial Court acquitted the original accused Nos. 1 and 2 Respondents, herein, of the charge punishable under Sections 17 and 22 of the NDPS Act, 1985, by giving them the benefit of doubt.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant received an information that two persons are coming from Rajasthan with the opium. Hence, the complainant and other police personnel remained in checking near Daval Road signboard. At that point of time, one taxi bearing registration No. RST 4554 came there and on carrying out checking of the same, the original accused -Respondent Nos. 1 and 2, herein, found to be possessing opium juice. Since, the accused were having no license or permit to possess the same, a complaint was lodged against them. Pursuant thereto, police carried out investigation into the alleged offence and on finding sufficient evidence, police filed charge -sheet against accusedRespondent Nos. 1 and 2.

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