RAJAN MITHAILAL MAURYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 28.6.2007 rendered in Sessions Case No. 182/2005 by the Additional Sessions Judge, Court No. 10, City Sessions Court, Ahmedabad, by which the appellant has been convicted for commission of the offences punishable under Sections 8 (c) and 20 (2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short) and sentenced to suffer R/I for seven years and fine of Rs.75,000/-, in default, S/I for further period of one year.

(2.) SINCE the question relates in narrow compass with respect to giving benefit of rationalised sentence structure as per the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act No.9 of 2001) as Appellant was found with contraband article ganja less than commercial quantity, with the consent of the learned advocates appearing for the parties, this matter is taken up for final hearing today.

(3.) THEREFORE a complaint came to be filed against the present appellant. Thereafter, the investigation was put into motion. The muddamal ganja was sent to FSL and the statements of the panch witnesses were recorded and on completion of the investigation, charge-sheet was filed in the Court of learned Principal Sessions Judge, City Sessions Court, Ahmedabad for commission of the offences punishable under sec. 8(c) and 20(2) of the NDPS Act, which was given number as Sessions Case No. 182/2005.