STATE OF GUJARAT Vs. SUKHABHAI DEVABHAI PISARA

JUDGEMENT

(1.) THE present appeal has been filed by the State of Gujarat against the judgment and order dated 31.12.1996 passed by the Special Judge, Palanpur in Special Case No. 34 of 1994 acquitting the accused for the offence punishable under Sections 8(b)(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE case of the prosecution in nut -shell is that secret information was received by PSI Rajendra Yagnik (PW -11) that one Sukhabhai Devabhai Pisra (original accused - present respondent) of village Khari is growing cannabis plants in his farm and is storing cannabis in his house. A raiding party was constituted and panchas were called. After preliminary panchnama, the raiding party went to farm of accused at Khari village. After inquiring about the identity, a search was carried out of the house of the accused and two bags containing cannabis (ganja), weighing 13 kgs and 9 kgs respectively were recovered. A sample of about 50 grams was taken from each of the bag and sealed. Then the raiding party went to the farmland and saw cultivation of about 550 cannabis plant. The said standing crop was cut and seized. The entire muddamal was brought to the police station and a complaint was registered against the accused. After completion of investigation, the accused was put on trial for commission of offences punishable under Sections 8(b)(c) and 20(b) of the Act. The Trial Court found that the prosecution has not been able to prove its case beyond reasonable doubt and there was breach of several mandatory provisions of the Act and, therefore, acquitted the accused.

(3.) WE have heard Mr. Maulik Nanavati, learned Additional Public Prosecutor for the State and with his assistance have perused the judgment and gone through the record of the case.