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1990 Supreme(Guj) 8

P.M.CHAUHAN, V.H.BHAIRAVIA
STATE OF GUJARAT – Appellant
Versus
ABDULRASID IBRAHIM MANSURI – Respondent


Advocates Appeared: GIRISH D.BHATT, H.J.MEHTA, M.A.MALIK

P. M. CHAUHAN, J.

( 1 ) CAN a person in possession and transporting in an autorickshaw without any passenger in it in a public place 105. 700kgs. of Cannabis Sativa (charas) worth Rs. 5 29 0 be held to be in unconcious possession or without knowledge of the contents in the packets ? Were the provisions of Sec. 42 Narcotic Drugs and Psychotro- pic Substances Act 1985 (hereinafter referred to as `n. D. P. S. Act) required to be followed or the provisions under Sec. 43 of the N. D. P. S. Act are applicable in case of seizure in public place ? Are provisions fo Chapter V N. D. P. S. Act mandatory the non-compliance of which will vitiate investigation trial of conviction ipso facto or miscarriage of justice or prejudice to the accused requited to be established ? These are some of the main points requiring consideration in this acquittal appeal preferred by the State against the respondent.

( 2 ) ADDITIONAL City Sessions Judge on appreciation of the evidence held that it is amply made out from the evidence on record that the muddamal articles found from the possession of the respondent and seized undes the panchnama (Exhibit 7) received in sealed condition by the Forensic Science Laborat
























































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