STATE OF GUJARAT Vs. MAFATBHAI @ MANSING MAGANBHAI PARMAR

JUDGEMENT

(1.) THE State of Gujarat has preferred the present appeal against the judgment and order dated 21.07.1999 passed by the Additional Sessions Judge, Kheda at Anand in Special Case No. 246 of 1994 acquitting the accused for the offence punishable under Sections 8 and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE case of the prosecution is that secret information was received by PI LCB Shri Mirza (PW -5) about present respondent ? original accused selling ganja. A raiding party was constituted and a raid was conducted. On search, a bag containing small packets of ganja weighing a total of 1.4 Kg was found from his possession. The contraband was seized under a panchnama and a complaint was registered against the accused. After completion of investigation, the accused was put on trial for commission of offence punishable under Section 20(b) of the Act.

(3.) THE trail Court found that there was breach of mandatory provision contained in Section 42 of the Act and, therefore, acquitted the accused. The trial Court, however, negatived the contention of accused that his possession was not conscious or that there was breach of Section 50.