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CASE NO.: Appeal (crl.)  63 of 1999

PETITIONER: STATE OF GUJARAT                             

RESPONDENT: GOPAL LAXMAN THAKUR & ANR.                   

DATE OF JUDGMENT: 03/02/2005

BENCH: B.P. SINGH & B.N. SRIKRISHNA      

JUDGMENT: J U D G M E N T

B.P.Singh,J.                   In this appeal by special leave the judgment and order of the High Court of Gujarat  at Ahmedabad in Criminal Appeal No.146/90 dated 27th April, 1998 has been impugned whereby  the High Court allowed the appeal preferred by the respondents and set aside their convictio n  for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985   (hereinafter referred to as ’the NDPS Act’).         The crucial finding recorded by the High Court is that the report of the Forensic  Science Laboratory Exhibit 9, Exhibit 11 and Botanical examination report Exhibit 12 as also   the laboratory report  as contained in Exhibit 9 discloses that substance found was a poppy  capsule and that it was identified as fragments of poppy capsules.  The said description doe s not  identify the substance found to be opium poppy as defined under Section 2(xvii) of the NDPS  Act.          Counsel for the appellant stated that the respondents are not traceable and they  have not even appeared before this Court to defend themselves.  He, therefore, does not wish  to  press this appeal.  This appeal is, therefore, dismissed as not pressed.