LAXMANGIRI BHUPGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant-accused has been convicted for the offences punishable under Section 20 (B) (II) (B) of the NDPS Act and convicted him and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 20,000/-, in default, to suffer further simple imprisonment of one year, by the learned Addl. Sessions Judge, Court No. 17, Ahmedabad City in Sessions Case No. 242 of 2004 vide his judgment and order dated 29. 9. 2005. The present appeal is filed against the aforesaid judgment and order.

(2.) THE prosecution case, in brief, are summarised as under:

(3.) THE incident in question has taken place on 13. 7. 2004. The appellant was residing at Hanumanji's Temple which is situated in Meghaninagar, Ahmedabad. He used to render his services as a Pujari in the Temple. On the basis of an information received by R. D. Baranda, Police Inspector, NDPS Cell, a raid was carried out at the residence of the appellant-accused and during the search, 250 gms. Of contraband Charas was found from the custody of the present appellant. The search and seizure was made after following due procedure under the provisions of Section 42 and 50 of the NDPS Act. The investigation was carried out and the complaint was lodged by R. D. Baranda, Police Inspector, Gandhinagar and on the basis of the complaint, the offence was registered. During investigation, the contraband muddamal, which was found to be Charas, recovered from the accused was sent to the FSL for analysis. The charge sheet was filed for the offences punishable under Sections 8 (C), 21 and 22 of NDPS Act before the Special Court. The charge was framed against the accused at Exh. 3 and the accused denied the charge levelled against him and the trial was commenced.