(1.) THIS appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 02. 05. 1989 passed by the learned Additional Sessions Judge, Nadiad, in Sessions Case No. 188 of 1988, whereby, the accused has been acquitted under Narcotic Drugs and Psychotropic Substances Act and convicted under Section 66 (a) of the Prohibition Act.
(2.) THE brief facts of the prosecution case are as under:
(3.) IT was contended by learned APP that the judgment and order of the Court below is against the provisions of law; the Court below has not properly considered the evidence led by the prosecution and that looking to the provisions of law itself, it is established that the prosecution has proved the ingredients of the offence against the present respondent. Learned APP has also taken this Court through the oral as well as the documentary evidence available on record.