K.J.THAKER, J. - (1.)THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 27.1.1989 passed by the learned Addl. City Sessions Judge, Court No. 14, Ahmedabad in Sessions Case No. 226/1988, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 18 of NDPS Act and under section 66A of the Bombay Prohibition Act.
(2.)THE brief facts of the prosecution case are that the Police Inspector B.R. Champavat of Kalupur Police Station received information from his surveillance squad First Grade Jamadar Jayantilal Vithaldas to the effect that three persons of Rajsthan of which two have put on white bush -shirt have come with certain quantity of Opium. Out of the three persons, one was having a chocolate colour hand bad and the other was having cotton cloth bag. The information was also to the that these persons were carriers and they were waiting for the party at the Kadiakui Circle near Apnaghar Guest House for the delivery of the same. On receipt of this information, the police inspector Mr. Champavat called two panch witnesses and they were explained the information received by the police inspector. Thereafter they went towards Kadiakui Circle near Apnaghar Guest House. When they went there in rickshaw, they found three persons standing on the footpath and thereafter the police caught hold of those three persons. As per the prosecution case, the accused no. 2 had a chocolate colour bag in his hand and therein in a polythene bag 570 gms of Opium was found. On search of accused no. 3 in one cotton cloth bag, opium weighing about 300 grams was found in polythene bag and from accused no. 1, 270 grams of opium was found. Thereafter police inquired of them as to whether they had any pass or permit to hold such quantity of Opium but they had no pass or permit to keep opium with them. The police had drawn the panchnama on the site and after completing the panchnama and after complying the procedure of sealing the packets, the accused were taken to the police station, and thereafter, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them, which was numbered as Sessions Case No. 226/1988. The trial was initiated against the respondents.
(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 respondents of all the charges leveled against them by judgment and order dated 27.1.1989.