STATE OF GUJARAT Vs. ASHRAFKHAN AJABKHAN PATHAN

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 25/11/2009, passed by the learned Additional Sessions Judge, Court No.16, Ahmedabad City in Sessions Case No.294 of 2008, punishable under Sec. 8(c), 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act), Ss. 42, 43 and 45(12) of the Jail Act and Sec. 188 of the Indian Penal Code, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case as unfolded during the trial before the Sessions Court is that on 3/7/2008 before 16:40 hours, though accused - respondent was not given any appointment for visiting visitors, inspite of that, he illegally entered into the visiting room at Central Jail, Sabarmati and obtained muddamal contraband - Charas to the extent of 33.400 gms. From his colleague; and that search of the accused was carried out and during the search, the accused was found in conscious possession of said contraband - Charas; and thereby committed an offence, as alleged. Therefore, the case was registered against the respondents/accused.

(3.) After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court, where it came to be registered as Sessions Case No.294 of 2008. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.