The learned Sessions Judge, Bhavnagar, after appreciating the evidence on record, acquitted both the respondents for the offence punishable under section 8, 29, 20(b) of the NDPC Act, in Session Case No. 13 of 1998, which is challenged in the present Appeal preferred by the State. Having heard learned APP Mr. Dave at length and having perused the evidence on record, we are of the view that no interference is called for. In view of the fact that the panchas have turned hostile, and that the Investigating Officer having failed to follow the mandatory requirements of Section 50 of the NDPS Act, are some of the reasons recorded by the learned Trial Judge, in our opinion, since we are in total agreement of the reasoning for acquittal recorded by the learned Trial Judge, we dismiss this Appeal summarily.
(K.R. Vyas,J.)(J.R. Vora, J.)