STATE OF GUJARAT Vs. VELJI @ VELNATH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 21.06.1994, passed by the learned Additional Sessions Judge, Gondal, in Sessions Case No.72/1990, whereby the original accused have been acquitted of charges for offences punishable under Sections20, 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act", for short) and under Sections 66B and 65E of the Gujarat Prohibition Act, 1949. The present appeal has been preferred only with respect to respondent original accused No.1, who shall henceforth be referred to as "the respondent".

(2.) BRIEFLY Stated, the case of the prosecution is that one Ugamsinh Dhanrajsinh (original accused No.2) was arrested in connection with F.I.R., being C.R.No.I 59/1990. During investigation, Ugamsinh gave certain information to P.S.I., Harisinh J. Jankant, who is the complainant, to the effect that he had sold one kilogram of Charas to the respondent. The complainant, therefore, called two panch witnesses and a person with weighing scales to the Police Station. After the personal search of those people was conducted, the raiding party went to the house of the respondent in village Bordi Samadhiyala. The premises of the respondent were searched and from an iron cupboard, 900 grams of Charas was found from a quilt. The contraband was seized in the presence of panch witnesses. 10 grams of the contraband was taken out as a sample and put in a cloth bag, which was sealed and sent to the Forensic Science Laboratory ("the FSL", for short) for analysis. As per the Report of the FSL, the contraband article was found to be Charas. An offence under the abovementioned provisions of the NDPS Act was registered against the respondent and a chargesheet was filed in the Court of J.M.F.C., Jetpur. The case was then committed to the Court of Sessions for trial. After the charge was framed, the same was read over and explained to the respondent, who pleaded "not guilty" and claimed to be tried. On the basis of the oral and documentary evidence on record, the Trial Court acquitted the respondent of the offences with which he was charged vide the impugned judgment dated 21.06.1994. Aggrieved thereby, the appellant­State of Gujarat has preferred the present appeal.

(3.) OPPOSING the prayers made by the learned Additional Public Prosecutor, Mr.Bhargav Karia, learned advocate for the respondent has submitted that the entire evidence produced on record by the prosecution fails to prove the ingredients of the offence alleged to have been committed by the respondent. The prosecution has not examined any independent witness in support of its case. The panch witnesses and the person who has weighed the alleged contraband have not supported the case of the prosecution. In this view of the matter, the very genesis of the prosecution case falls to the ground. Further, there is a discrepancy in the weight of the sample, which is stated to weigh 10 grams in the complaint. The same sample is stated to weigh 7.288 grams, as per the report of the FSL, which casts a doubt on the authenticity of the alleged recovery of the contraband substance.