STATE OF GUJARAT Vs. KALYANDEV GURURAMDEV AND 1

JUDGEMENT

(1.) The State is in appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code" for short) to question the legality and validity of the judgment and order of acquittal dated 11.08.2006 passed by the learned Additional Sessions Judge, Fast Track Court No.4, Porbandar in Special N.D.P.S. Sessions Case No.31 of 2005, whereby and where under the respondent came to be acquitted of the offences punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1988.("N.D.P.S. Act" for short).

(2.) The prosecution story as unfolded during the trial is that on receiving information that accused persons who are residing at Ranavan Town, Rabari Keda, owned and possessed Ganja and doing business of it, complainant Bavanbhai Danabhai Rabari LCB, P.I., Porbandar, on 06.08.2005, registered a complainant and informed H.R. Mulyan, In-charge, S.P., and after making necessary panchnama of two reputed Panchas and after preparing necessary panchnama reached the filed of the accused persons. All the accused persons were present in house. Identity of the complainant was disclosed. Thereafter necessary procedure as provided under the Act was followed and search was carried out in the presence of Panchas and the police staff. During the search at the room, one tin and beg were found. It was found to be Ganja. There were another equipment for scale and one ration card and Rs. 610/-. It is also noted that accused persons have no permit to sell of ganja. The aforesaid articles were seized. After following necessary procedures the FSL officer opined that the same are the same were weighed and necessary samples were taken, proper seal was put, seizure memo was prepared and Mudamal was also seized, After following necessary procedure an investigation was carried out. After completion of investigation, the charge sheet was filed against the accused for the offence punishable under Section 20B and 29 of N.D.P.S. Act. Therefore, the case was registered as NDPS Sessions Case No.31 of 2005 before the Trial Court. Hence, this appeal.

(3.) Upon the conclusion of investigation, prima-facia case was found against the respondent and therefore, charge sheet came to be filed against them in the Court of learned Additional Sessions Judge, Porbandar. Upon committal the case came to be registered as Special N.D.P.S. Sessions Case No.31 of 2005 in the Sessions Court, Porbandar.