STATE OF GUJARAT Vs. GYANSINGH KALYANSINGH JHAT

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 24.2.2005, recorded by the learned Special Judge (NDPS) 4th Fast Track Court, Panchmahal, At Godhra, in Special Case (NDPS) No.6 of 2002.

(2.) It is the case of the prosecution that on 19.08.2002, Police InspectorV.V.Rathod and the staff were on patrolling. They reached Lalbaug bus stand near Ambika Cross Road, at this time, the opponentaccused came down from bus stand with a polythene bag. Sensing the police patrol, he went back to the bus stand. The said Police Inspector ordered the complainant and other police constable to bring the opponent accused. He was brought and was examined. On examining, it was found that he was having 900 gm. of ganja worth Rs.4500/. The muddamal article was sealed and sent to the laboratory. Accordingly, a complaint for the offences punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 was filed.

(3.) In pursuance of the aforesaid complaint, the Police recorded the statements of the witnesses and after completion of investigation, filed chargesheet which came to be committed to the learned trial Court.