STATE OF GUJARAT Vs. IQBAL AHMAD MOHMAD ABBAS SHEKH
HIGH COURT OF GUJARAT
STATE OF GUJARAT
Iqbal Ahmad Mohmad Abbas Shekh
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Z.K.SAIYED, J. -
(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 02.03.1990 rendered by the learned Additional Sessions Judge, Sabarkantha, in Special Case No.32 of 1989. The said case was registered against the present respondentoriginal accused for the offences punishable under Sections 20(b)(2) of the Narcotic Drugs and Psychotropic Substance Act.
(2.) ACCORDING to the prosecution case, on 22.01.1989 one information was received by Shri M.D.Gadhvi, Police Inspector A.C.B., that one person carrying bag in his hand was to come at S.T.Bus Stand, Himatnagar. Therefore, Shri Gadhvi alongwith members of raiding party and panchas rushed to the spot and at about 8:30 p.m. As he was identified by the members of raiding party, he was stopped and inquired. On inquiry, napkin and three vessels were recovered from the possession of the respondentaccused and later on, it was identified as Charas weighing 630 gram. Thereafter, panchnama was drawn. The complainant arrested the respondentaccused and complaint was filed against him under Section 20(b)(2) of the Narcotic Drugs and Psychotropic Substance Act. After recording the statements of the witnesses, chargesheet was filed and the said case was numbered as Special Case No.32 of 1989.
(3.) ON the basis of above allegations, charge was framed vide Exh.2 and readover and explained to the accused for the offence punishable under Sections Sections 20(b)(2) of the Narcotic Drugs and Psychotropic Substance Act. The respondentaccused pleaded not guilty to the charge and claimed to be tried.
Thereafter, after filing closing pursis by the prosecution, further statement of accused person under Section 313 of the Code of Criminal Procedure, 1973 was recorded, wherein, it is admitted by the respondentaccused that he was innocent and he has not committed any offence and he was wrongly booked by the complainant in the complaint. The respondentaccused have denied the case of the prosecution and submitted that a false case is filed against him.;
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