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2015 Supreme(Guj) 357

K.J.THAKER
State of Gujarat – Appellant
Versus
Thakor Gandaji Kakuji – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Monali Bhatt, A.P.P.
For Respondents/Defendant: Parthiv A. Bhatt

JUDGMENT

Kaushal Jayendra Thaker, J.

1. The present appeal, under Sec. 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 24-10-2000 passed by the learned Special Judge (N.D.P.S.), Mehsana in N.D.P.S. Case No. 5 of 1999, whereby, the learned trial Judge acquitted the original accused-the respondents herein, of the charges for the offence punishable under Sees. 20 and 29 of N.D.P.S. Act. The brief facts of the prosecution case are that the Police Inspector of Kalol Taluka Police Station Shri K.P. Patel, Divisional Police Officer Shri S.C. Parmar, P.S.I., and Assistant Director, Narcotic Division, Ahmedabad and other policemen were busy with the N.D.P.S. work at the sim of village Santej on 15-3-1999, at that time, they received information that in the sim of village Kaseli near Turkhiya Plywood Factory in the field of Gandaji Kakuji Thakor and his son Udaji Gandaji, they have grown contraband article 'ganja' along with the crops of Tuver, Cotton, etc. Therefore, the police party arranged for raid after calling panchas. The raid was carried out in the presence of panchas and raiding party found that there were about 150 plants of

































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