- (1.)Heard learned advocate Ms. Sadhna Sagar for the appellant and learned APP Ms. Reeta Chandarana for the State. Perused the record in the form of paper book.
(2.)The appellant has challenged his conviction in Special Case No. 1 of 2007 by Special Judge cum - Additional Sessions Judge & Presiding Officer, Fast Track Court, Veraval by impugned order dated 30.03.2010, whereby he was found guilty for possessing 1 kg 900 gm charas contraband material and thereby committed offences under Section 20(B)(II)(c) and 21(C) of the NDPS Act. For such offence he was sentenced to undergo 10 years of imprisonment for each section with fine of Rs.1,00,000/- and in default of payment of fine, to undergo one more year of imprisonment but with a direction to execute such sentence concurrently.
(3.)The case of the prosecution is to the effect that the complainant Police Sub Inspector of SOG, Junagadh Mr. N. B. Chudasama with police staff had raided the place of the accused on 20.12.2006 on information received by them that one person namely Ali, resident of Prabhas Patan is going to transfer charas near Veraval bi-pass in the evening time and, therefore, they selected two panchs Vali Ismail Shama and Mohmadkhan Abdulkhan Pathan, both residents of Junagad and after making preliminary panchnama, they kept a watch at Veraval bi-pass and Talala Cross roads for Ali Ughad but since no such person has passed on with the charas, they have endorsed nil raid by entry No. 2 of 2006 and went on patrolling, when they received another information that one Jumma Hasan resident of village Mafatiapara is selling charas by storing it in his house. Therefore, they have started to reach such place with the same panch as referred herein above and they found Jumma Hasan at Maftiapara, where he was sleeping on a bench on outer side of the house and when he was asked about his name, he disclosed his name as Jumanbhai Hasanbhai Sandhi and on searching his premises they found contraband material of charas stored with the cement bags. Therefore, necessary process was carried out for getting weight of it and for collecting samples from such bags and necessary FIR was lodged for such raid, disclosing entire history and story that they found 1.9 kg charas from the house of the appellant. Thereby appellant was chargesheeted after necessary investigating procedure was completed.