ASSISTANT COLLECTOR OF CUSTOMS Vs. OSMAN AMAD JAT

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 22. 1. 1993 passed by the learned Chief Judicial Magistrate, Bhuj in Criminal Case No. 781 of 1985 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: 2. 1 On 4/7/1984, Assistant Collector Bhuj had conducted a raid on prior information about the Charas lying in the custody of accused no. 1. During raid 129. 250 k. g. Of Charas worth Rs. 6,46,250/- was recovered from the house of the accused no. 1 , In presence of the panchas and the panchanama was prepared accordingly. Therefore a complaint with respect to the aforesaid offence was filed against the respondents. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them. <FRM>JUDGEMENT_2220_TLGJ0_2009Html1.htm</FRM>

(3.) 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 defence, the learned Chief Judicial Magistrate acquitted the respondents of all the charges leveled against them by judgment and order dated 22. 1. 1993.