STATE OF GUJARAT Vs. IBRAHIM

JUDGEMENT

(1.) By way of this appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, the appellant State has challenged the judgment and order of the learned 2nd Additional Sessions Judge, Bhavnagar dated 21.09.2006 rendered in Special (NDPS) Case No.19 of 1999, whereby the learned Trial Judge acquitted the original accused the respondents herein of the charges for the offence punishable under Sections 8B, 20B(II), 29 and 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985(for short the N.D.P.S Act ).

(2.) The Record and Proceedings clearly indicate that in all there are three persons against whom chargesheet came to be filed, out of them one was minor, whose case was separated and sent before the learned Juvenile Court. Respondent no.1 namely Ibrahim @ Dhafo Ismail Tarkvadiya expired on 10.01.2013 during the pendency of this appeal. Consequently, therefore, appeal against him stands abated in view of Section 394 of the Code of Criminal Procedure. Though, rule is already served to respondent no.2, she has chosen not to remain present.

(3.) The precise facts giving rise to the present appeal are as under: