STATE OF GUJARAT Vs. RAMESH KASHINATH AND ORS.

JUDGEMENT

(1.) By way of this Appeal, the Appellant - State has felt aggrieved by the judgment and order of acquittal dated 27.08.1997 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 244/1995 whereby the respondents were acquitted for the offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to in short as 'the NDPS Act').

(2.) The case in brief is as under:-

(3.) Learned Additional Public Prosecutor Ms. C.M. Shah for the appellant - State has taken this Court to evidence which has surfaced on record and has submitted that the presence of the accused are proved. It is further submitted that the learned Judge has failed to appreciate that the search of the above charas was made all of a sudden without any previous information and therefore, the mandatory provisions of Section 42 and 50 of the NDPS Act were not complied with. It is also submitted that considering the evidence of the complainant and other evidences led by the panch witnesses, the prosecution has successfully proved its case against the respondents accused herein. Considering the above, it is submitted that this is a fit case which requires interference of this Court and the judgment and order of the learned Judge qua the acquittal of the respondents should be upturned by this Court.