A.P.THAKER,J. - (1.) By filing this appeal, the appellants have challenged judgment and order dated 27.8.2013 passed by Special Judge, Valsad in Special Case NDPS No.2 of 2009 whereby the appellants-original accused nos.1 to 3 have been held guilty for the offence punishable under Section 20 (B) (2)(b) of the NDPS Act and were sentenced to suffer five years' rigorous imprisonment with fine of Rs. 25,000/- each and in default of payment of fine, to suffer three months' rigorous imprisonment. The appellants-original accused nos. 1 to 3 have also been held guilty for the offence punishable under Section 20 (B) (2) (c) of the NDPS Act and were sentenced to suffer ten years' rigorous imprisonment with fine of Rs. 1,00,000/- each and, in default of payment of fine, to suffer one year's rigorous imprisonment.
(2.) The facts leading to the prosecution against the appellant in nutshell are as under: 2.1 According to the prosecution case, the present incident had taken place on 24.05.2009 at 17.00 hours on the road going towards Balitha Railway Crossing. It is the case of the prosecution that on 24.05.2009, the accused no.1 to 3 had come on the road going towards Balitha Railway Crossing with Charas and Ganja for selling the same. It is alleged that police found 11.750 kilogram of ganja worth Rs. 1,17,500/- and 2.175 kilogram of charas worth Rs. 2,17,500/- from the possession of the accused. It is alleged that after carrying out panchnama, the samples were collected and sealed in presence of the panchas and the same were sent to Forensic Science Laboratory (FSL) and the offence has been registered and accused were arrested. Ultimately on receiving the chargesheet, the said case was registered as Special (NDPS) Case No. 2 of 2009 in the Court of learned Special Judge, Valsad. 2.2 It appears from the records that to prove the case, the prosecution has examined the following witnesses. JUDGEMENT_12_LAWS(GJH)3_2019_1.html 2.3 In addition to this, the prosecution has also produced the following documentary evidence: JUDGEMENT_12_LAWS(GJH)3_2019_2.html 2.4 At the end of trial, after recording the statement of the accused under section 313 of the Criminal Procedure Code, 1973 and after hearing the arguments on behalf of the prosecution and the defence, the learned Special Judge held the appellants - accused guilty for the above offences charged against them and awarded sentence as narrated herein above.
(3.) Being aggrieved by and dissatisfied with the aforesaid Judgment and order of conviction and sentence the appellants - accused have preferred this Appeal.;