STATE OF GUJARAT Vs. SHIVPRATAP ALIAS MUNNA PRATAPBHAI
LAWS(GJH)-2009-10-82
HIGH COURT OF GUJARAT
Decided on October 29,2009

STATE OF GUJARAT Appellant
VERSUS
SHIVPRATAP ALIAS MUNNA PRATAPBHAI Respondents

JUDGEMENT

- (1.)THE present revision is filed by the applicant-State of Gujarat against the order dated 21-11-1996 passed below application Ex. 5 in Sessions Case No. 234 of 1996 by the learned Addl. City Sessions Judge, Court No. 11, Ahmedabad, whereby the application for discharge was allowed and the present respondents-accused were discharged from the charges levelled against them.
(2.)IT appears that charge-sheet was filed against the respondents for the offences punishable under Sections 21, 22, 23, 25, 29 of the Narcotic Drugs and Psychotropic Substance Act based on the statement of witness Jigneshbhai, who identified the accused during the test identification parade held before the Executive Magistrate on 12-7-1999 and the case was committed to the Sessions Court. It was alleged that at the instance of the accused, vadi and house of Jayendra was shown. As per the statement of one panch witness, the accused Pratap and Munna Pratapbhai showed the house and vadi of Jayendragiri. The learned Sessions Judge discussed the material on record in great detail.
(3.)HEARD learned APP, Ms. Manisha Lavkumar for the applicant-State.


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