STATE OF GUJARAT Vs. GYANSINGH KALYANSINGH JHAT
HIGH COURT OF GUJARAT
STATE OF GUJARAT
Gyansingh Kalyansingh Jhat
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(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973,
against the judgment and order of acquittal dated 24.2.2005,
recorded by the learned Special Judge (NDPS) 4th Fast Track
Court, Panchmahal, At Godhra, in Special Case (NDPS) No.6 of
(2.) It is the case of the prosecution that on 19.08.2002, Police InspectorV.V.Rathod and the staff were on patrolling.
They reached Lalbaug bus stand near Ambika Cross Road, at
this time, the opponentaccused came down from bus stand
with a polythene bag. Sensing the police patrol, he went back
to the bus stand. The said Police Inspector ordered the
complainant and other police constable to bring the opponent
accused. He was brought and was examined. On examining, it
was found that he was having 900 gm. of ganja worth
Rs.4500/. The muddamal article was sealed and sent to the
laboratory. Accordingly, a complaint for the offences
punishable under Sections 20(b) of the Narcotic Drugs and
Psychotropic Substance Act, 1985 was filed.
(3.) In pursuance of the aforesaid complaint, the Police recorded the statements of the witnesses and after completion
of investigation, filed chargesheet which came to be
committed to the learned trial Court.
3.1 At the end of the trial, after recording the statement of the accused under section 313 of the CrPC and after hearing the arguments on behalf of the prosecution and the defence, the learned trial Court delivered the judgment and order, as stated above. ;
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