STATE OF GUJARAT Vs. SONIBEN

JUDGEMENT

(1.) The appellant - State has preferred the present appeal under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 14.05.2007 passed by the Special Judge, Panchmahal at Godhra (hereinafter be referred to as "the Trial Court") in Special (NDPS) Case No.2 of 1998 whereby the Trial Court has acquitted the original accused - respondent herein for the charges leveled against her.

(2.) Brief facts of the present case is that on the day of incident, when the complainant along with one police constable Bharatsinh were on patrolling near Santarampura S.T. Stand at about 10.30 hours, he received information that one lady sitting in S.T. Stand possessed with opium. Therefore, both of them went to the scene of offence and found one lady in suspicious condition and after introducing themselves as police personnel, they asked her name and also told her that the information about the stock of opium lying with her and at that time, she narrated her name and also accepted that she was having 1.400 kilogram opium which was kept in one basket. It is the case of the prosecution that, thereafter, she was asked regarding pass or permit, but she did not have any such documents and accordingly, the police personnel took her to the Police Station and, thereafter, she was arrested and panchnama was prepared regarding seizure of the muddamal articles as well as body condition of the accused and the same was sent to the FSL and after necessary investigation, the concerned police has filed the charge-sheet before the learned Judicial Magistrate, First class.

(3.) Heard Mr.K. P. Raval, learned Additional Public Prosecutor for the appellant - State at length and none has appeared on behalf of the respondent - accused. Perused the material placed on record.