ASHOK MOLTAJI DARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Instant appeal is preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973, against the judgment rendered by the learned Additional Sessions Judge, Ahmedabad City in Sessions Case No. 10 of 2001, whereby the learned Additional Sessions Judge has convicted the appellant under Sections 17 and 18 of the Narcotic and Psychotropic Substances Act, 1985 ("the Act", for short), and sentenced the appellant to RI for 10 years and fine of Rs.1,00,000/- (Rupees One Lakh Only), in default RI for 2 years, under Section 17, and RI for 10 years and fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default RI for 2 years, under Section 18 of the Act. The learned Additional Sessions Judge has passed the order that the substantive sentences shall run concurrently.

(2.) The short facts giving rise to the present appeal are stated hereinbelow:

(3.) The charge against the appellant and others was framed vide Exh. 6 for the offences punishable under Sections 17, 18 and 29 of the Act. It was read over and explained to them. They pleaded not guilty to the same and claimed to be tried. The prosecution, therefore, examined following witnesses to prove its case against the appellant: