Thomas, J. - (1.) Appellant was an auto-rickshaw driver. On the evening of 12-1-1988 an auto-rickshaw was intercepted by a posse of police personnel while it was pro-ceeding to Shahpur (Gujarat). Four gunny bags were found stacked in the vehicle. They contained 'Charas' (Cannabis hemp). Appellant was arrested and prosecuted for offences under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Rs. Substances Act, 1985 (for short 'the Act") besides Section 66 (1)(b) of the Bombay Prohibition Act.
(2.) The trial Court acquitted the appellant, but on appeal by the State of Gujarat a Division Bench of the High Court of Gujarat set aside the order of acquittal and convicted him of the offences under the above sections. He was sentenced to rigorous simprisohment for ten years and a fine of Rupees on lakh for the first count while no separate sentence was imposed for the second count.
(3.) Facts are not seriously disputed by the appellant. More details about the facts are the following: "PW-2 Premsingh M. Vishen, Inspector of Police at Dariapur Police Station, got information on 12-1-1988 that one Iqbal Syed Husen was trying to transport Charas up to Shahpur in an auto-rickshaw bearing No. GTH 3003. PW-2 collected some more policemen and proceeded to the main road in quest for the contraband movement. At about 4.00 p.m. they sighted the auto-rickshaw which was then driven by the appellant. They stopped it and checked it and found four gunny bags placed inside the vehicle. Police took the vehicle to the Police Station and when the gunny bags were opened ten packets of Charas were found concealed therein . The value of the said contraband was estimated to be Rs. 5.29 lakhs. ;