Reserved On : 30/03/2026 Pronounced On : 15/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 632 of 2010 ==========================================================

STATE OF GUJARAT Versus GANESHBHAI BECHARBHAI PRAJAPATI ==========================================================

Appearance:

MR NIRAJ SHARMA, APP for the Appellant(s) No. 1 MR N P CHAUDHARY(3980) for the Opponent(s)/Respondent(s) No. 1 MR TUSHAR CHAUDHARY(5316) for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

CAV JUDGMENT

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 25.11.2009, passed by the learned Special Judge, Palanpur, Banaskantha in Special (NDPS) Case No.114 of 2008, punishable under Section 20(a) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `NDPS’ Act), the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, “the Code”).

2. The prosecution case as unfolded during the trial before the Sessions Court is that while the complainant police officer was on patrolling d