STATE OF GUJARAT Vs. ASHTMUNI MAHESHCHANDRA DUBE

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 22.6.2006 rendered by learned Special Judge, Fast Track Court No.3, Gandhidham - Kachchh in Special Case No.28 of 2003.

(2.) The short facts giving rise to the present appeal are that on 16.8.2003 while the complainant was discharging his duties at Gandhidham Police Station, Police Inspector Shri Munshi called him along with Head Constable Abdul Sattar in his chamber and gave message that hehas received secret information on his telephone that one person named Ashtmuni Dube has to come near Free Trade Zone for sell of charas to truck drivers and he is having large quantity of charas with him. Therefore, the Police Inspector has reduced the said information in writing at about 14.20 hours in a station diary and sent two persons for verification of genuineness of information. On verification of the information, it came to know that the said person is to be come for sell of charas at about evening hours at Free Trade Zone Circle. Therefore, on the basis of the aforesaid information, at about 16.50 hours entry was made in the station diary register and report was made to the Superintendent of Police, Bhuj as well as Deputy Superintendent of Police, Anjar and Control Room, Bhuj for sending the FSL Officer at Gandhidham. Thereafter, raid was arranged on 16.8.2003 at about 22.00 hours and during the raid, respondent accused was caught red handed by raiding party. The respondent accused was asked about his name and during inquiry, he has given his name as Ashtmuni Maheshchandra Dube. Before search, respondent was provided with an option whether he want to be searched before the gazetted officer or Executive Magistrate and as the respondent was ready and willing to be searched before the Police Inspector, search was made by him and during search, respondent was found in conscious possession of muddamal charas to the extent of 1470 gms valued at Rs.73,500/- without any pass or permit. Out of the aforesaid muddamal charas, samples were taken for the purpose of analysis. As per the report of the FSL, as it was found that muddamal narcotic substance is nothing but charas, respondent was arrested for the offence under the NDPS Act.

(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.