( 1 ) BEING aggrieved and dissatisfied by the judgment and order dated 26/08/1988 passed by the Sessions Judge, Junagadh, in Sessions Case No. 79 of 1988 acquitting the respondent-accused for the offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the State of Gujarat has filed this appeal. From the possession of the accused 1,800 Kgs. of Charas was found on 28/02/1988 at about 6 p. m. in Junagadh City. The accused was charged for the offences punishable under Sec. 66 (b) of the Bombay Prohibition Act and Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "narcotic Act". The learned Sessions Judge convicted the accused for the offence punishable under Sec. 66 (b) of the Bombay Prohibition act and imposed the sentence of six months S. I. and fine of Rs. 1,000. 00, in default, two months S. I. He acquitted the accused for the offence punishable under Sec. 20 of the Narcotic Act. Against the order acquitting the accused for the offence under Sec. 20 of the Narcotic Act, the State has filed this appeal.

( 2 ) IT is the contention of the prosecution that P. S. I. Patil P. W. 2 received an information on 23/02/1988 that one person was trying to sell Charas in the area known at Dolatpara Mafatiapara in Junagadh City. Information was given to P. S. I. Vaghela and P. S. I. Jadeja and other persons of the staff. Two panchas were called. After preparing and necessary first part of the panchnama, they went near Sakkarbaug Bridge where they kept the vehicle and thereafter they went on foot in the area known as Dolatpara Mafatiapara. On the basis of information one person was identified and the P. S. I. inquired about his name from him. He stated that he was Ahmed Fakirmohmed of village Jafarpur (U. P. ). From his possession one green colour basket containing his clothes was found. Beneath the clothes was one tin containing black colour pieces which were similar to Claras. In the presence of panchas on the basis of its smell it was decided that it was Charas. It was weighed and its weight was found to be 1,800 Kgs. It was thereafter seized by preparing proper panchnama. That panchnama is produced on record at Ex. 6. Thereafter F. I. R. was lodged against the accused and the accused was arrested.

( 3 ) AFTER completing the investigation the accused was chargesheeted before the Chief Judicial Magistrate, Junagadh, who in turn committed the case to the sessions Court.

( 4 ) FOR proving the case against the accused, the prosecution has relied upon the evidence of panch P. W. 1-Maganlal Pragjibhai Ex. 5 and on the evidence of P. S. I. Patil-P. W. 2 Ex. 7. With the consent of the accused Chemical analysers Report is produced at Ex. 12. As per the Chemical Analysers Report the paper packet containing one aluminum dibba weighing 1,800 Kgs. of dark greenish brown coloured material was identified as the botanical material of plant cannabis sativa (Charas ).

( 5 ) THE learned Judge gas relied upon the aforesaid evidence of the prosecution witnesses as well as on the report of the Chemical Analyser and has convicted the accused for the offence punishable under Sec. 66 (b) of the Prohibition Act. However, he has acquitted the accused for the offence punishable under Sec. 20 of the Narcotic Act on the grounds : (i) that P. S. I. Patil has not complied with the provisions of sub-sec. (2) of Sec. 42 as he has not sent his report to the higher officer, and (ii) that Rule 2 (c) of the Narcotic Rules, 1985 is not complied with as the substance was not examined by the Chemical Examiner, Government of Opium and Alkaloid Works, neeemuch or Ghazipur.

( 6 ) IN our view, both the reasons given by the learned Judge for acquitting the accused for the offence under Sec. 20 of the Narcotic Act are not substainable and are erroneous. As the investigation was carried out by the p. S. I. there was no question of complying with the provisions of subsec. (2) of Sec. 42. Under Sec. 37 (