STATE OF GUJARAT Vs. LODAI MUNNAT HARIJAN

JUDGEMENT

(1.) This appeal is filed by the State challenging judgement of acquittal rendered by learned Sessions Judge, Valsad in Sessions Case No. 111 of 1990. The respondent -accused were charged with offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropics Substances Act ['NDPS' for short]. As per the prosecution, on a prior intelligence, police party, led by PSI Vrajkant Govind Jha, PW 4 Exh 14, raided the area at the botanical garden at Saputara Road, near Vaghai in the afternoon at about 4 O'clock. They saw two persons coming. Each person was carrying a black plastic bag. The raiding party could arrest accused No.1 at the spot. Accused No.2 ran away dropping the bag. Upon search, it was found that both the bags contained ganja which was, later on, weighed and found to be 5 kilos and 4 kilos respectively. The samples taken from each bag were sent for laboratory testing. Bags were sealed and kept in custody. The FSL confirmed that the substance was ganja.

(2.) Charge accordingly was framed at Exh 10 alleging that, on 18.10.1990, at about 16 hours, the accused were carrying 5 kilos and 4 kilos ganja respectively near botanical garden. They, therefore, committed offence punishable under Section 20(B) of the NDPS Act.

(3.) Chhaganbhai Mohanbhai, PW 1 Exh 9 was the panch -witness to the said raid. Though he admitted his signature on the panchnama Exh 10, did not support prosecution and claimed that he had merely signed a blank document at the request of the policeman who obtained his signature at the lorry near the bus station, where he was sitting.