IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 215 of 2001 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI ==========================================================

Approved for Reporting Yes No ==========================================================

STATE OF GUJARAT Versus YASMINBANU NOORMOHAMMED SHAIKH & ORS.

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Appearance:

MR JK SHAH, APP for the Appellant(s) No. 1 MR IM MUNSHI(1123) for the Opponent(s)/Respondent(s) No. 3 MR MH BAREJIA(142) for the Opponent(s)/Respondent(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 02/12/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 07.12.2000 passed by the learned City Civil and Additional Sessions Judge, Court No.5, Ahmedabad in Sessions Case No.135/1999, whereby the respondent-accused came to be acquitted for the offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the NDPS Act” for short), the appellant – State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. The brief facts leading to the filing of the present appeal are as under:

2.1. On 18.03.1999, at about 20.30 hours, the raiding party led by Police Inspector J.H. Solanki, in-charge of Dariapur Police Station, armed with prior information received by Police Inspector P.K. Trivedi and reduced the same into writing after informing the superior officer, along with two panch witnesses, raided the residential premises situated at Patel Pole, Dariapur, Ahmedabad, occupied by respondent No.1. Upon personal search of respondent No.1 in the presence of lady police constable, 2 grams 450 milligrams of brown sugar was recovered from a black purse concealed in her garments, and an additional 37 grams 850 milligrams of brown sugar in small packets was recovered from her house. During interrogation, respondent No.1 disclosed that respondent No.2 was her supplier of the contraband. Subsequently, respondent No.2 arrived at the premises, and upon his personal search, nothing incriminating was found. The raiding party then proceeded to Room No.12 of Sindhi Dharmashala near Kalupur, where respondent No.2 allegedly opened the lock with a key in his possession, leading to the recovery of 4013 grams 200 milligrams of brown sugar from bags inside the room. It was further revealed during investigation that respondent No.3 was the upstream supplier involved in the conspiracy. The total value of the recovered contraband exceeded four crores of rupees. The muddamal articles were seized, panchnama was drawn, arrest memos were issued to respondents Nos.1 and 2 on the spot, and a complaint came to be lodged.

2.2. The complaint was registered at Dariapur Police Station under Sections 21 and 29 of the NDPS Act. Respondents Nos.1 and 2 were arrested on 18.03.1999 and remanded to judicial custody. Respondent No.3 was arrested later. After completion of investigation, a charge-sheet was filed.

2.3. As the offence under the NDPS Act was triable by the Court of Session, the case was committed to the City Civil and Sessions Court, Ahmedabad and registered as Sessions Case No.135/1999 for trial. Upon conclusion of the prosecution evidence, the trial court put various incriminating circumstances appearing in the evidence to the respondent- accused for their explanation under Section 313 of the Code. In their further statements, the respondent-accused denied all the incriminating circumstances as false and stated that they were innocent and had been falsely implicated. Respondent No.3 did not record a further statement due to lack of evidence against him. After