SODHA DARBAR HAMIRSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal, the appellants-original accused persons (A- 1 and A-2) in Sessions Case No. 169 of 1989 were found guilty for having committed offences punishable under Secs. 21 and 29 for contravention of provisions of Sec. 8 of the Narcotic Drugs and Psychotropic Substances Act ("N.D.P.S." Act) and sentenced to R.I. for 15 years and to pay fine of Rs. 2,00,000.00 and in default, to undergo S.I. for three years, by the impugned judgment and order dated 25-4-1991 passed by the learned Additional Sessions Judge. Mehsana, which is directly under challenge before us in this appeal under Sec. 374 of the Code of Criminal Procedure, 1993 ("the Code").

(2.) . In order to appreciate the merits of this appeal and challenge against it, a few material and relevant facts may be articulated at this juncture. According to the prosecution case. the accused persons were travelling in truck No. GTY 7348 along with brown sugar of the quantity of 1 kg. each. When the truck was proceeding from village Chanasma to Harij, upon the information received, head constable Akbarshah and other members of the police stopped the truck at the junction of four roads at Harij. on 1-9-1989 at 7-30 p.m. After the truck stopped, immediately, thereafter, one person wearing black pant and white shirt fled away. Members of the police force tried to chase and catch hold of him but were not successful.

(3.) . Both the accused persons who were travelling in the truck along with contraband psychotropic substance, brown sugar, were caught. The brown sugar was in the suit-cases and it was the prosecution case that in the suit-case of A-1 Hamirsinh. one plastic bag was found in which brown sugar of 1 kg. was detected. He was serving in the Border Security Force. A-2 Bhimsinh was also found to have two bags. wherein, one plastic bag covered under the cloth was found and brown sugar of 1 kg. was also detected. The value of the quantity of brown sugar found from each of them was at that time. assessed at Rs. 1 crore. After observing necessary formalities, search was done and panchnama was prepared in presence of panchas, by the investigating officer, complainant P.S.I., Harij Police Station, Mr. R. D. Patel. In course of the search, one knife was also recovered. The complaint was lodged by the P.S.I, which is produced at Exh. 32. Muddamal articles along with contraband items were forwarded to Forensic Science Laboratory for opinion and report. As per the report of the Forensic Science Laboratory, the contraband items were heroin. The accused persons were, therefore, charge-sheeted by the investigating officer and the Sessions Court framed the charge at Exh. 5 against the accused persons on 27- 12-1990 under Sec. 22 read with Sec. 29 for violation of provisions of Sec. 8 of the N.D.P.S. Act.