STATE OF GUJARAT Vs. INDRAJITSINH

JUDGEMENT

(1.) Criminal Appeal No. 1891 of 2004 has been preferred by the State, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 9.4.2004 passed by the learned Addl. Sessions Judge, Rajkot at Gondal in Sessions Case No. 80/2000, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 8(c) and 20(b) as well as section 22 of the NDPS Act.

(2.) The brief facts of the prosecution case are that the Police Inspector Mr. L.K. Katara of Dhoraji Police Station received one information on 17.5.2000 late night that one person in Khijda Mama Temple is in possession of Charas and he was engaged in the activity of selling Charas. The information as received at about 10.30 to 11.00pm. The information was reduced in writing and the Superior Officer was intimated. The Police Inspector informed the Executive Magistrate Mr. Rajaqbhai Karimbhai Patani and also requested to come with a panch witness. Mr. Patani managed for the panch witness Mr. K.B. Joshi. The another panch was called on by the police and the police party proceeded to carry out the raid. The panch witnesses as well as the Executive Magistrate, a Gazetted Officer was informed about the information and also completed the formality of primary panchnama. In company of Police Head Constable Mr. Ganeshbhai, Police Constable Mr. Jayendrasinh and Police Constable Mr. Chandrakant, they reached the temple as it was described. The primary panchnama took place in between 00.30 hours to 00.45 hours on 18.5.2000. They also collected scale and other materials for seizure and there after a resolution was passed under sec. 42 of the NDPS Act since the raid was to be carried out between sun-set and sun-rise. They went to the place and found that in one room of the temple there was a person having beard and saffron clad dress who was sitting. The raiding party make an inquiry and learnt that he was Indrajisinh @ Nirmalsinh Guru Shri Krupalu Hari. The raiding party informed the accused about the object behind the visit and gave the introduction of the Police Inspector, Gazetted Officer and also about the obligatory duty on part of the police. The accused was informed about his right to be searched in presence of the Gazetted officer or any other person. The accused had given consent to carry out the search, and therefore, it was found that there was nothing recovered form the dress put on by him. They found that one black carry bag was lying there on the right hand side of the seat and on search it was found that 25 sticks under cover of plastic bag were kept in the carry bag. In presence of the panch witness, it was checked and found that about 162 grams of charas was there. Since the contraband article was worth rs. 4000/- and no permit was shown by the accused to keep the custody of prohibited article, the contraband article was divided into two parts and in one packet 12 sticks were enveloped, remaining 13 sticks were also seized by the police for the custody and 12 sticks were forwarded to the Forensic Science Laboratory for necessary examination. The police also recovered Rs. 86,130/- from the accused, and thereafter the accused was arrested. The investigation was carried out by the Police and after completion of the investigation and receiving the report from FLS, the case was made out for the offence punishable under the Act. The charge-sheet was thereafter submitted in the Court of learned Additional Sessions Judge, Gondal on 3.7.2000, which was numbered as Sessions Case No. 80/2000.

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