- (1.) The present Appeal is directed against the judgment and order delivered in NDPS Case No.9/1998 by the Additional Sessions Judge, Vadodara dated 28.06.1999 recording acquittal and giving benefit of doubt to the respondentsaccused.
(2.) The facts of the case briefly summarized are as follows: 2.1 On the basis of the specific information received by the NCB Officers at Ahmedabad from the Bombay Office, the premises known as 11B, Lotus Kot, East Wing, Hari Shakti Colony, Race Course, Vadodara was raided on 23.12.1997 and when they broken open the premises and during the search, 17.75 gram opium was seized. Further methaqualone powder was also seized along with the currency notes of American dollar, which was seized by making panchnama as stated in detail. The methaqualone powder along with machine, panch die and tableting machine and other materials like knife, gupti, some incriminating documents were recovered, for which, panchnama has been made. It is the case of the prosecution that the respondent no.1 accused, Kinit Amin has been involved in making tablets of mantrax in factory near Mehsana. It is also revealed that he is also involved in such offences, for which, Narcotic Cell Mumbai has also registered case No.72/1994 and as referred therein, 5 tons of mantrax and 2.50 Kg. of methaqualone powder was recovered from the factory premises at Kadi and was sent to Arthor Road Jail, Bombay and, thereafter, at Nasik and when he came in contact with other accused, Rajendra, he had also escaped from the judicial custody/jail. It is also revealed that thereafter, the respondent no.1accused came to Gujarat at Vadodara and with the support of other coaccused, got premises and they had assisted in harboring the identity of the respondent no.1accused. The respondent no.3, who is Managing Director of Kanaiya Food India Ltd., gave the respondent no.1 a job as he was his nephew as Aditya Patel in his company and also premises and thus committed offence as alleged in abetting or assisting the respondent no.1, who had escaped from the jail. 2.2 However, the respondent no.1, who had escaped from the jail and was hiding, also indulged into other activities of procuring the material and making mantrax tablets, which has been recovered during the raid as stated above culminating into offence as stated hereinabove for the offence under the NDPS Act, for which, statements of the accused have also been recorded under Section 67 of the NDPS Act. 2.3 Therefore on the basis thereof, the aforesaid case was registered by NCB, which has been registered as Special Case No.9/1998 before the Sessions Court, Vadodara. 2.4 Thereafter, the Sessions Judge proceeded with the trial and on the basis of appreciation of material and evidence as referred to in the judgment, recorded acquittal of the respondentsaccused on the ground inter alia noncompliance with the mandatory provisions of the NDPS Act and/or lapse on the part of the investigation including the removal of the muddamal.
(3.) It is this judgment and order which has been assailed by the State in the present appeal inter alia that the Court below has failed to appreciate the material and evidence on record inasmuch as it has failed to consider the evidence with regard to the raid and the recovery and seizure of incriminating material including methaqualone powder with tableting machine and also corroborating evidence in the form of statements recorded and also failed to consider the documentary evidence. It is also stated that the Court below has committed an error while appreciating the evidence that the mandatory provisions as required under the law have not been complied with and the procedure has not been complied with.;