ORAL JUDGMENT

1. The present Appeal is directed against the judgment and order dated 23.10.1996 passed by the learned Additional City Sessions Judge, 14th Court, Ahmedabad, in Sessions Case No.186 of 1995, whereby respondent accused No.1 Gaurishankar Sidhanath Tiwari (hereinafter referred to as “the respondent”) has been acquitted of charges under Sections 29, 8 and 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) and Sections 14, 66(B) and 83 of the Bombay Prohibition Act, 1949.

2. Though there were two accused before the Sessions Court, the present appeal has been filed only qua the respondent.

3. Briefly stated, the case of the prosecution is that on 16.05.1995, at about 6:00 PM, both the accused persons were going on a scooter from Amraiwadi area, near Vishnunagar Shopping Centre, opposite Radhaswami X-ray Clinic. The scooter met with an accident and the person driving it fled away. The respondent was the pillion rider, and fell down on the road. The passers- by caught hold of the respondent and, as he had sustained some injuries due to the accident, he was taken to the Clinic of the complainant- Doctor Bhailalbhai