The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond reasonable doubt, and in the absence of reliable evidence, the accused is entitled to the benefit of doubt. The judgment also emphasizes the importance of following the prescribed procedures under the NDPS Act and the need for reliable and trustworthy prosecution witnesses.

JUDGMENT :

M. K. THAKKER, J.

1. The appellant – State of Gujarat has preferred this appeal under Section 378 of Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 10.10.2001 passed by learned Additional Sessions Judge, Court No.4, Ahmedabad city in Sessions Case No.360 of 2000 thereby, the respondent-accused was acquitted from the charges under Section 20(b)(ii) read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

2. It is the case of the prosecution that on 19.04.2000 at about 11.30 a.m., one unarmed Head Constable, namely, Sabursinh attached with Panchkuva Police Chowki, Kalupur Police Station, Ahmedabad city, who was on the patrolling duty along with his two police officers, namely, (1) Ashokkumar Amratlal, Police Constable and (2) Ashokkumar Ganpatbhai, Police Constable had intercepted one auto rickshaw. On making inquiry from the passenger, who was sitting in the rickshaw that from where he was going, it was replied by the passenger that he was Military Man and he shown his identity card. On further inquiry as to what he was carrying in his bag. He replied that there is no any offending article in the bag. On further suspicion and on making further inquiry, whether any liquor is lying in the bag, he informed that he had one bottle in his bag. On creation of doubt about the crime, he was brought to the nearest police chowki i.e. Sarangpur Police Chowki along with the rickshaw. On reaching to the Sarangpur Police Chowki, the accused proceeded towards the chowki and while after disembarking from rickshaw, the police proceeded towards the chowki. Suspect after taking bags instead of following police chowki, threw away his bag outside the police chowki and ran away from the spot.

3. The police constable had tried to catch the suspect, however, the efforts remained in vain. They tried to make extensive search from the nearby vicinity and also make inquiry from the driver of the auto rickshaw regarding at which place, he was to take this rickshaw. However, on completion of that duty hours, they came back to the chowki and had opened the bag in presence of panch-witnesses. There were 5 articles found from the bag and on opening one article, the narcotic substance, namely, charas was found, therefore, they had informed their higher officer, namely, Amrutbhai Desai, Police Inspector with regard to the crime. On arrival of Police Inspector, another panchnama was drawn in the presence of the panch-witnesses and ultimately, it was found that there was 21 kg. Charas lying in the bag. Therefore, First Information Report came to be registered being I-C.R.No.5022 of 2000 before the Kalupur Police Station on 19th April, 2000 at around 23.30 hours for the offence punishable under Sections 20(b)(ii) read with Section 22 of the ‘NDPS Act’. That accused came to be arrested on 25th July, 2000 by the Police Inspector, Amrutbhai Lallubhai Desai and was remanded to the judicial custody. That on conclusion of the investigation, charge-sheet came to be submitted before the Competent Court on 24th October, 2000 and same was numbered as Criminal Case No.43 of 2000 for commission of offence under Sections 20(b)(ii) read with Section 22 of the ‘NDPS Act’. As the offence is triable by the learned Court of Sessions, same was committed to the Sessions Court, Ahmedabad city where it was numbered as Sessions Case No.360 of 2000 for the purpose of trial.

4. Learned Judge had framed the charge against the respondent at Exh.1 for the offence punishable under Sections 20(b)(ii) read with Section 22 of the ‘NDPS Act’. The charge was read over and explained to the respondent who pleaded not guilty to the same and claimed to be tried.

5. In order to bring home the guilt of the accused, prosecution examined 9 witnesses and produced certain documents evidence list such as Panchnama of Test Identification Parade, Muddamal receipts, Report of FSL, Panchnama regarding arrest of the accused,