STATE OF GUJARAT Vs. MOHMADHANIF GULAMNABI RAMJANIBHAI SHAIKH

JUDGEMENT

(1.) By way of this appeal, the appellantState of Gujarat has challenged the judgment and order dated 29.09.2004, passed by the learned Additional Sessions Judge, Court No.10, Ahmedabad, in Sessions Case No.172 of 2003, whereby the Trial Court has acquitted the original accusedrespondent herein for the offence punishable under Sections 8(C) & 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act").

(2.) The case of the prosecution are that on 05.04.2003 at about 08:55 am. ACP Shri Indrajitsinh RajPW6 received an information that one Mohmadhanif Shaikh, is selling intoxicant substance on Salapas Road and therefore, P.W.6 directed the PSI to carry on the investigation. Accordingly, the PSI along with Panch witnesses raided the said place and arrested the accused. Thereafter, the accused was asked whether he wanted to search in presence of Gazetted Officer or not . He refused and search was carried out. During the search, 14 small plastic packets and Rs.26,085/ were found from the pockets of the accused. Accordingly, complaint was filed against the accused at Karanj Police Station and muddamal was also handed over to PSO.

(3.) After investigation and after recording the statements of the witnesses muddamal was sent to the FSL for scientific analysis. On the basis of the above allegations, charge was framed vide Exhibit 2 was filed against the respondentaccused.