KADAR VALI MAHAMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE instant Appeal is preferred under Section 374 of the Criminal Procedure Code as well as under Section 36 (B) of the Narcotics Drugs and Psychotropic Substances Act by the appellant against the judgment and order rendered by learned Additional Sessions Judge, 3rd Fast Track Court, at Gondal, District - Rajkot, on 6th of April, 2004, in Sessions Case No. 69 of 2001 whereby the present appellant being accused of the said Sessions Case came to be convicted for the offence punishable under Section 20 (b) (ii) (B) of the NDPS Act and has been sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 1 lac, in default, to undergo simple imprisonment of two years.

(2.) AS per the brief facts of the prosecution case, on 27. 07. 2001, Police Inspector Mr. H. M. Parmar of Dhoraji Police Station along with police party and Executive Magistrate, patani, set a surveillance at near vegetable market. It was the information received by the concerned Officer that the accused - appellant was to carry contraband from Ahmedabad to Dhoraji. At about 23. 15 hours, the accused was spotted by the police party coming from ST road and carrying one plastic bag. After going through the procedures, the accused was searched and from the plastic bag, in all 10 pieces of a substance in round shape of black colour were found from the accused. The substance appeared to be charas and on weighing it was about in all 980 grams. The substance after obtaining samples were sealed properly and was sent to Forensic Science Laboratory. A complaint was given and after investigation, charge sheet came to be filed against the accused.

(3.) THE accused pleaded not guilty before the Trial Court and, therefore, the prosecution examined as many as 08 witnesses and produced on record documentary evidence. The defence of the accused was of total denial when his statement was recorded under Section 313 of the Code of Criminal Procedure. After hearing both the sides, the learned Trial Judge came to the above conclusion and, hence, this Appeal.