STATE OF GUJARAT Vs. BILAL ABDUL DAL

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, Jamnagar (for short, 'the Trial Court'), Dated : 31.07.2004, rendered in Special Criminal Case No. 2 of 1998, whereby, the learned trial Court acquitted the original accused Respondent, herein, of the charge punishable under Section 20(b)(ii)(a) of the NDPS Act (Amendment), 1991, by giving him the benefit of doubt.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that while the complainant along with other staff members was on patrolling on 15.12.1997, at that time he received information that the original accused -Respondent, herein, keeps and sells the narcotic substances illegally. Hence, the search of the house of the accused was carried out, during which ganja weighing about 400 gms. was seized. Since, the accused had no pass or permit to possess the same, a complaint came to be lodged against him. Police, then, carried out investigation into the alleged offence and on finding sufficient evidence filed charge -sheet against the accused. Since, the accused did not plead guilty before the trial Court, the trial was conducted.

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