STATE OF GUJARAT Vs. MAGANBHAI DANABHAI PANCHOL

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 23. 07. 2008 passed by the learned Special Judge (F. T. C.- 2), Bhavnagar, Camp at Mahuva, in Special (NDPS) Case No. 13 of 1996, 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. Jani 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 committed grave error in not considering the oral as well as documentary evidence led by the prosecution. He has also contended that the trapping officer has recovered the illegal contraband which was sealed and seized under the panchnama in presence of panchas. The learned Judge ought to have appreciated the version of P. W. 4 Keshubhai Jivabhai, Ex. 34, who has fully explained before the trial Court the version of the prosecution. He has also contended that the learned Judge has erroneously came to the conclusion that there is no direct or indirect evidence connecting the guilt of the accused with the offence. He also contended that the offence of NDPS Act is very serious in nature and the trial Court should have considered all the aspect of the matter and the provision of law. He, therefore, contended that the learned Judge is erroneous and bad in eye of law.