STATE OF GUJARAT Vs. KHOKHAR HUSAINKHAN @ BHIR KESHARKHAN

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 20.11.2004, recorded by the learned Special Judge, Patan, in N.D.P.S. Special Case No.5 of 2003.

(2.) It is the case of the prosecution that on 9.4.2003 at about 10 a.m., a secret information was received by Police Inspector (Prohibition) Shri C.P. Chudasama, that one person namely, Khokhar Huseinkha@ Bhir Kesharkha residing at Bhadiwala House has stored ganja in bulk quantity and was selling the same in retail. Accordingly, the Prohibition party raided and seized ganja weighing 9200 gm. from the residence of the respondent No.2Pathan Ayyubkhan. Accordingly, a complaint for the offences punishable under Sections 20(2) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 was filed by the Police Inspector.

(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.