THE STATE OF GUJARAT Vs. BHAGIRATHRAM SURJANMAL VISHNOI

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section <a style="color: #3300FF; text-decoration: none" class="section-text" onmouseover="getSectionText(this);" href="ACA226">378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 28.2.2005 rendered by learned Special Judge and Additional Sessions Judge, Banaskantha @ Deesa in Special Case No.45 of 2002.

(2.) The short facts giving rise to the present appeal are that on 19.1.2002, the complainant along with police constables went to village Sanchor in search of the accused for the offence registered as I.C.R. No.5 of 2002. It is alleged that after completing the investigation when he was returning from village, at that time, at about 8.00 hours in the night, he reached at Nenava Outpost and while checking vehicles passing through the road, he saw one bus of Bisnoi Travel bearing registration No.GJ 1 X 9677 coming from Sanchor. The complainant stopped the bus in order to check the bus. During the checking, the complainant suspected one of the passengers sitting on the last third seat. Upon seeing the Inspector, the said passenger was trying to conceal something. Therefore, the complainant made him alighted from the bus. The complainant came to know that there was some objectionable thing which the said passenger concealed in his left pocket of the pant. Therefore, the complainant called panch witnesses and in their presence one plastic bag was recovered from the pocket of the respondent accused and when the complainant opened the same, opium was found from the bag. On weighing the said contraband article, it was found to be 500 gm. Hence, the complaint came to be lodged against the respondent accused.

(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.