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2013 Supreme(Guj) 81

HARSHA DEVANI
STATE OF GUJARAT – Appellant
Versus
KISHANLAL JETHALAL SINDHI – Respondent


Advocates appeared:
MR HK PATEL, ADDL. PUBLIC PROSECUTOR for the Appellant
MR MAHENDRA K PATEL, ADVOCATE for the Respondents

JUDGMENT

HARSHA DEVANI, J.

1. This appeal is directed against the judgement and order dated 31.5.1997 passed by the learned Second Joint District Judge, Rajkot in Sessions Case No.125 of 1996, whereby he has acquitted the respondents – accused of the offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”).

2. The facts of the case stated briefly are that on 9.6.1996, Head Constable, Omkarnath Shivbahadur Tiwari as well as other police personnel of the Crime Detection Department, Rajkot were patrolling in the Rajkot city as well as in the rural areas. During that time, at about 8:30 hours at night, they came near the Ranuja temple at Kothariya Road, when the accused No.1 was going on foot carrying a cardboard box. On seeing the policemen, he immediately turned back and started walking fast. Considering his suspicious behaviour, he was stopped and the details of his name etc. were inquired. Two panchas were summoned and upon examining the contents of the cardboard box, it was found that the same contained three packets wrapped in an English daily newspaper and one white plastic bag containing four packets.












































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