STATE OF GUJARAT Vs. MANOJ NARIMAL SINDHI

JUDGEMENT

(1.) 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 17.10.1995 rendered in Sessions Case No.233 of 1994 by the learned Additional Sessions Judge, Ahmedabad City, whereby the accused has been acquitted of the charges of offence under section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act (herein after referred to as "the Act") and Section 66 (1) (B) of the Prohibition Act.

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

(3.) MS .Monali Bhatt, learned APP submitted that judgment and order of the learned trial Judge is not proper, legal and it is erroneous. She has also argued that the learned trial Judge has not considered the evidence of the witnesses and panchnama produced by the prosecution. She submitted that the learned Judge has failed in interpreting the provisions of Act and has wrongly arrived at the conclusion that the accused has not committed offence under the Act. She also submitted that the learned Judge has not appreciated the fact that though the panch witness has not supported the case of the prosecution, the complainant, police officers and officer of FSL have supported the prosecution case. She has also submitted that the complainant has followed the mandatory provisions of the Act, at the time of weight and measure. She submitted that seizure was done in presence of a gazetted officer, however, only because such officer happens to be a police officer, his say cannot be discarded. In support of her submission, she has relied upon the decision of the Apex Court in the case of State of Rajasthan v. Ramchandra, 2005 5 SCC 151, wherein it is observed as under: