Z.K.SAIYED, J. - (1.)The appellant - original accused has filed this Appeal under Section 374 of Cr.P.C. against the Judgment and order of conviction and sentence dated 11.08.2006 passed by the learned Additional Sessions Judge, Court No.18, City Civil & Sessions Court, Ahmedabad, in Sessions Case No. 262 of 2006, whereby the learned Addl. Sessions Judge has held the appellant - accused guilty for the offences punishable under Sections 8(C), 20(B), II(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short NDPS Act) and sentenced him to suffer Rigorous Imprisonment for 5 years and to pay fine of Rs.30,000/- i/d to further undergo SI for six months.
(2.)The brief facts of the case of prosecution are that on 28.6.2005 at night combing the Police Inspector Shri R.V. Rabari and his staff received the information that in the morning at about 8.00 A.M., one person, named, Somnath, wearing Kesari colour Jabbha and Dhoti, is reaching near Soni's Chawl Char Rasta, Odhav, Ahmedabad with large quantity of Ganja. On receipt of such information P.I. Rabari made the entry in Station Diary and also informed his superior officer and thereafter he called the two panchas. The first part of the panchnama was prepared by the P.I. Thereafter the Police Inspector, along with the Staff and the Panchas, reached the place and kept watch. Thereafter, after about half an hour one person came who was stopped by the raiding party and on interrogation the said person was found with contraband articles. The police seized the said article Ganja and the sample was sent for analysis. Thereafter the offence under the provisions of the NPDS Act was registered against the appellant - accused.
(3.)Necessary investigation was carried out by the Police. Offence under Sections 8(C), 20(B), II(B), 22 and 29 of NDPS Act was registered against the accused. The statements of the witnesses were recorded. Thereafter, after completion of investigation the charge-sheet against the accused came to be submitted before the Court. The learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.