RAJKUMAR HARIRAM GAMETI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 21/6/2003 rendered by the Ld. Addl. Sessions Judge, Fact Track Court, modasa [for short 'ld, Trial Judge'] in NDPS Case No. 2/2000. The Ld. Trial Judge was pleased to record conviction of the appellant accused for the commission of offences punishable under section 8[c], 21[c] read with section 29 of the Narcotic Drugs and Psychotropic Substances Act [for short 'ndps Act'] and the appellant accused was sentenced to undergo rigorous imprisonment [ri] for 10 years with fine of Rs. 1 lac with usual default stipulation. Being aggrieved and dissatisfied with the impugned judgment and order, the original accused preferred this appeal.

(2.) THE case of the prosecution, in nut shell, is as under :-

(3.) THE prosecution adduced its oral and documentary evidence. After the conclusion of the evidence, the Ld. Trial Judge recorded further statements of the accused under section 313 of the Code of Criminal procedure, wherein the accused generally denied all the allegations levelled against him and stated that he was falsely implicated in this case. The Ld. Trial Judge evaluating the oral and documentary evidence on record adduced by the prosecution and considering the arguments advanced on behalf of both the parties, delivered the impugned judgment and he was pleased to convict the appellant accused for the offences charged against him and was sentenced as described hereinabove.