This acquittal appeal is preferred by the State of Gujarat to challenge the judgment and order rendered by the City Sessions Court, Ahmedabad on 31st March, 1992 in Sessions Case No.32 of 1989, whereby the accused came to be acquitted of the charges punishable under Sections 66 (B), 65 (1) of the Bombay Prohibition Act and Sections 8 and 20 (2) of the Narcotic Drugs & Psychotropic Substances Act (“N.D.P.S. Act” for short). 2. As per the case of the prosecution, while the police was on patrolling on 15/05/1988 at about 22:15 hours in Gujarat University Library area, the accused was found in possession of 8 grams “charas” without pass or permit and hence, chargesheet was filed by the prosecution.
3. The trial Court recorded acquittal mainly on the ground of noncompliance of mandatory provisions of Section 50 of the N.D.P.S. Act and on the basis of the fact that investigation was carried out by Head Constable, though there is a notification to the effect that such cases would be investigated by a Police Officer not below the rank of Police SubInspector.
4. Having gone through the judgment and record and having examined the evidence, we find that the investigation has been carried out by a Head Constable who is otherwise not qualified to investigate. The investigation would therefore be vitiated.
5. We also find that the contraband “charas” was, admittedly, found from the person of the accused. We noticed that mandatory requirement of Section 50 of N.D.P.S. Act requiring the investigating agency to offer to the accused to be searched by or in presence of another Gazetted Officer has not been complied with.
6. With the above undisputed facts, it cannot be said that the trial Court has committed any error in acquitting the accused.
7. In our opinion, acquittal is rightly recorded and no interference is called for.
8. The appeal, therefore, must fail and stands dismissed. The judgment and order rendered by the City Sessions Court, Ahmedabad on 31st March, 1992 in Sessions Case No.32 of 1989, whereby the accused came to be acquitted of the charges punishable under Sections 66 (B), 65 (1) of the Bombay Prohibition Act and Sections 8 and 20 (2) of the Narcotic Drugs & Psychotropic Substances Act is hereby confirmed.
(A.L.DAVE, J.) (A.J.DESAI, J.) ..rathod