STATE OF GUJARAT Vs. ABDULBHAI RASULBHAI MANSURI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 19. 09. 1989 passed by the learned Additional City Sessions Judge, Court No. 21, Ahmedabad in Sessions Case No. 148 of 1989 whereby the accused was acquitted of the charges leveled against him.

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

(3.) MR. RC Kodekar, learned APP contended that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court 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. Learned APP has also taken this court through the oral as well as the entire documentary evidence. He submitted that as per the evidence of investigating agency the prosecution has proved that from the possession of the respondent-accused about 5. 1 kgs of opium was found for which he had no pass or permit. The F. S. L report also shows that the articles which were seized from the respondent was opium. Learned APP submitted that there was no reason for the Special Judge to disbelieve the prosecution case and to acquit the respondent.