STATE OF GUJARAT Vs. FAKIR RASULSHA MOHMEDSHA

JUDGEMENT

(1.) THE present appeal calls in question the correctness of judgment and order dated 10.08.1999 passed by the Additional Sessions Judge, Bhavnagar camp at Mahuva in Special Case No. 8 of 1998. By the impugned judgment, the Trial Court has acquitted the present respondent - original accused of the offence punishable under Sections 8 and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE Trial Court found that the evidence of police officials constituting the raiding party who on secret information searched the accused and found from his possession two plastic bags, each containing 500 grams ganja, is not reliable and free from doubt. The Trial Judge noticed several material discrepancies in their evidence which was examined cautiously in view of the fact that the panch witness and the person who was called by the police party with weights to weigh the contraband had turned hostile and did not support the case of the prosecution. The Trial Court found that the discrepancies were of vital and material aspects, rendering the entire search and seizure suspect and, therefore, acquitted the present respondent - original 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.