STATE OF GUJARAT Vs. HARIBHAI DHARAMSINHBHAI & OTHER

JUDGEMENT

(1.) It is reported today that all the three accused have expired. In that view of the matter, this appeal shall stand abated.

(2.) Even otherwise, so far as the merits of the case are concerned, the present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 23.07.1993 passed by the Additional Sessions Judge, Bhavnagar in Sessions Case No. 16 of 1991 whereby the original accused have been acquitted of the charges leveled against them.

(3.) The brief facts of the prosecution case are that on 22.10.1990, a secret information was received by the police that the accused no. 1 had cultivated cannabis plant in his land along with cotton crop and that accused nos. 2 & 3 got their share in the cultivation of the said plant. Therefore, after completing proper procedure, the accused were arrested. A complaint was therefore lodged against the accused. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.