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CR.MA/6719/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6719 of 2008
In
CRIMINAL
APPEAL No. 1593 of 2008
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
KHASIYA
KHETABHAI MASRIBHAI - Respondent(s)
=========================================================
Appearance
:
MR
PRADIP D BHATE APP for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 24/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Learned
APP Mr. Bhate invited our attention that in this particular case, the
case of the prosecution is that the complainant one Mr. D.K. Solanki,
who was serving as PSI at Bagdana Police Station had filed complaint
at Bagdana Police Station on 2.11.1990 that one Khasiya Khetabhai
Masribhai of village ‘Vaghvadarda’ has cultivated Ganja plants at his
vadi along with lemon trees. It is not only surprising but shocking
that the prosecution agency is not at all careful of taking the
minimum care which is expected of an agency in such matters. It is
nowhere recorded as to what was the height ? growth of the plants
which are reported to be 7 in numbers. It is also on record that they
were small and big and they were weighed with mud after taking out
from the ground and it weighed 1.5 Kg.
2. Let
a responsible officer not below the rank of Deputy Secretary from the
Home Department remain personally present before the Court after
making careful study of the matter with a proposal as to what
necessary guidelines can be issued in such matters so that the
investigating agency follows the same and avoid itself from
committing such negligence in matters like this. S.O. to 15.10.2008.
(Ravi
R. Tripathi, J.)
(K.M.
Thaker, J.)
…
(karan)
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