STATE OF GUJARAT Vs. ABDULGANI GULAMRASUL BHATT

JUDGEMENT

(1.) The State of Gujarat has preferred this Appeal under Section 378 [1] (3) of the Code of Criminal Procedure, 1974 {"CrPC" for short} against the order of acquittal dated 21st April 2005 of the respondents herein for the offence punishable under Sections 20 (b), 8 (c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 {"Act" for short} passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 159 of 2001.

(2.) The brief facts necessary to dispose of this Appeal are that on 11th June 2001, the Superintendent of Police, Narcotic Control Bureau, CID Crime received a secret information that one Abdulgani Abdulrasul Bhatt, a resident of Jammu and Kashmir has rented a Flat No. 11 in Karnavati Avenue, Near CTM Cross-roads possesses huge quantity of 'Charas'. On the basis of this tip-off, the Superintendent of Police summoned Dy. SP-Shri Pandey of Narcotic Drugs and Psychotropic Substances Cell for arranging a raid. Accordingly, Dy. SP raided the said premises with his subordinate officers and recovered 26 kgs and 400 grams of 'Charas' packed in different packets from the said flat. The police party also seized currency notes worth Rs. 1 lac. On inquiry, accused-Abdulgani Gulamrasul Bhatt informed that 10 kilograms of 'Charas' had already been sold off to one Allarakha Uasmanbhai Shaikh, resident of Chandola Lake, Ahmedabad. On the basis of this information revealed from the accused, the police personnels carried out raid at the premises of Allarakha Shaikh from where, 1 kg and 600 grams of 'Charas' was recovered. After following the due procedure as laid down under the law, the said contraband was seized and sealed by the raiding party, and thereafter, they had also raided premises of one Yasinkhan Anwarkhan Patan from where 130 grams of 'Charas' contained in 48 small packets was recovered.

(3.) After due investigation into the matter, all the accused were chargesheeted to stand trial for the offence punishable under Sections 8 (c), 20 (b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.