STATE OF GUJARAT Vs. ASHOKBHAI POPATBHAI CHAUNARA

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 29.7.2004 rendered by learned Additional Sessions Judge, (F.T.C.No.6) Ahmedabad (Rural), Ahmedabad in Special NDPS Case No.158 of 2000.

(2.) The short facts giving rise to the present appeal are that the present respondent has given information to the complainant that Bachu Puna Chunara, resident of village Kavitha is dealing in illegal narcotic drugs i.e. Ganja. Therefore, on the basis of the aforesaid information, raid was arranged along with the respondent accused at the house of Bachu Puna Chunara and during the raid, muddamal Ganja to the extent of 270 gms was found from the house of Bachu Puna Chunara, samples were drawn and sent it to FSL. It is alleged that as per the report of FSL, as it was found that muddamal narcotic substance is nothing but Ganja, the complaint came to be lodged against the respondent accused on giving false and fabricated information to the complainant that Bachu Puna Chunara is dealing in illegal activities of selling Ganja, the respondent accused has committed an offence under sections 58(2), 20(b)(2)(a) of the NDPS Act.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.