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1991 Supreme(Guj) 46

B.J.SHETHNA, M.B.SHAH
STATE OF GUJARAT – Appellant
Versus
RASHISH AHMED RAFIK AHMED – Respondent


Advocates Appeared: G.A.PATHAN, K.T.DAVE

M. B. SHAH, J.

( 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 informati


















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