THE STATE OF GUJARAT Vs. ISMILE AND ORS.

JUDGEMENT

(1.) BY way of this appeal, the appellant -State has challenged the judgment and order of the learned Joint District Judge and Special Judge, Morbi dated 31.08.2004 rendered in Sessions Case No. 15 of 2003, whereby the learned Trial Judge acquitted the original accused -opponent herein of the charges for the offences punishable under Sections -20(b)(1), 21, 22 and 29 of the NDPS Act.

(2.) THE brief facts of the prosecution case that on 31.01.2003 while Shri B.J. Ninama, PI of Rajkot Rural LCB along with members were in investigation of undetected crime at about 20:00 hour, at that time, he has received information that one Ismail @ Yusuf Rasulsa of Morbi, Visipara, Fulchand Colony, Morbi is in possession of Ganja and he is engaged in illegal activity of selling of Ganja. The premises of the accused was raided and during raid, respondents were found in possession of 7.200 gms of Ganja, and thereafter, a complaint being I -C.R. No. 29 of 2004 was lodged with LACB Rajkot Rural Police Station for the aforesaid alleged offences against the accused persons.

(3.) AT the time of trial, in order to bring home the charges leveled against the original accused, the prosecution examined 9 witnesses as well as the prosecution also produced 21 documentary evidences.