- (1.)THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 7.8.1995 passed by the learned Addl. Sessions Judge, Bhavnagar in Sessions Case (NDPS) No. 72/1995, whereby, the learned trial Judge acquitted the original accused ­ the respondent herein, of the charges for the offence punishable under Section 8 and 20 of NDPS Act.
(2.)THE brief facts of the prosecution case are that on 10.1.1995, Police Inspector Mr. K.R. Patel along with staff members were on patrolling. At about 12.25noon, when they reached Kamalfali Chowk, Bhavnagar, at that time, on seeing them, the respondent had tried to run away from there, and therefore, on doubt being created, the police had nabbed him and the police had found contraband article "ganja" from the person of respondent. Therefore, panchas were called and panchnama of seizure of contraband article 'ganja' was prepared, and thereafter, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him, which was numbered as Sessions Case (NDPS)No. 72/1995. The trial was initiated against the respondent.
(3.)TO prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.
At the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned trial Judge acquitted the respondent of all the charges leveled against him by judgment and order dated 7.8.1995.