STATE OF GUJARAT Vs. FAKIRMAAMAD AARAB MAJOTHI

JUDGEMENT

(1.) THE present appeal, under section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed, against the judgment and order of acquittal dated 03. 05. 2008 passed by the learned Special Judge (NDPS), F. T. C. No. 5, Bhuj-Kutchchh in Special Case No. 56 of 2006, by the appellant - State. The learned trial Judge has acquitted the respondent - accused from the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) HEARD learned APP Mr. Kodekar on behalf of appellant - State It was contended by learned APP that the judgment and order of the Special Judge is against the provisions of law; the learned Judge has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent - accused. Learned APP has also taken this court through the oral as well as the entire documentary evidence and contended that proved its case beyond reasonable doubt that during investigation the Investigating Agency has followed mandatory provision of NDPS Act. He has also contended that in a bulk quantity "gaanja" was seized from the possession of accused and so some heavy hand is required to be used against such type of offence. He, therefore, contended that the learned Judge is erroneous and bad in eye of law.