STATE OF GUJARAT Vs. VISNURAM RANCHHODDAS HARIYANI

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 30. 06. 2008 passed by the learned Special Judge (F. T. C.- 2), Bhavnagar, Camp at Mahuva, in Special (NDPS) Case No. 152 of 1993, 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 committed grave error in not considering the oral as well as documentary evidence led by the prosecution. He has also contended that no doubt the information was not written by the complainant and superior Officer was not informed, yet, on perusal of oral as well as documentary evidence he 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.