IQBAL MOOSA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave are directed against a common judgment and order passed by the High Court of Gujarat whereby Criminal Appeals No.2327 of 2006, 343 of 2007, 754 of 2007 and 1235 of 2007 have been dismissed and the conviction of the appellants for offences punishable under Section 8(c), read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") upheld. While appellants in Criminal Appeals No.2327 of 2006 and 754 of 2007 have been sentenced to undergo twelve years of rigorous imprisonment with a fine of Rs.2 lakhs, and in default to further undergo simple imprisonment for two years, appellants in Criminal Appeals No.343 of 2007 and 1235 of 2007 have been sentenced to undergo ten years of rigorous imprisonment with a fine of Rs.1 lakh, and in default to further undergo simple imprisonment for one year. The facts giving rise to the conviction and sentence of the appellants have been set out in detail by the High Court in the order under appeal hence need not be detailed over again except to the extent it is absolutely necessary to do so. Briefly stated the prosecution case is that a certain secret information was received by Mr. K.C Chudasma, Inspector, Anti-Terrorist Squad which was passed on to Mr. P.S.Tomar, Zonal Director, Narcotics Control Bureau, Ahmedabad. The information suggested that Accused No.2 Mr. Hemaram Chaudhary was the kingpin of a syndicate involved in smuggling and interstate trafficking of narcotic substances. Accused No.3-Shri Derajram Jat was the man allegedly carrying out the operations at the instance of the said Mr. Hemaram Chaudhary. The information so received was used to intercept and search a truck bearing registration number RJ-04-G-1305 on 29thJune, 2001 at Lal Bahadur Shashtri Bridge, Pirana area in the city of Ahmedabad while the same was returning from Bharuch. The truck was driven by accused no.4-Ashuram Durgaram Choudhary while accused no.3-Derajram Jat was accompanying him. The search of the truck led to the seizure of psychotropic drugs from the aforesaid two persons who revealed that the consignment in question had been supplied by Mr. Hemaram Choudhary-accused no.2. On the basis of the information so collected and the disclosure made by the driver of the truck and Derajram Jat-accused no.3. Appellant-Iqbal Moosa Patel was taken into custody and his statement under Section 67 of the NDPS Act recorded. A raid was then carried out on 7th July, 2001 at village Varadia, Khadaki Street, District Bharuch, which led to the seizure of heroin weighing 3.056 kgs. and cash of Rs.1,17,500/- from the residence of appellant No.1 Iqbal Moosa Patel. In his statement recorded under Section 67 of the N.D.P.S. Act the said accused admitted having purchased four packets of brown sugar from one Master and Bhaikhanbhai both residents of Badmer in Rajasthan in the month of March 2001, out of which one packet had already been sold to one Shakur while the remaining three were seized by the respondent from his residence as mentioned above. On the basis of the material placed before the Trial Court the accused persons were charged with different offences to which the accused pleaded not guilty and claimed a trial.

(3.) In support of its case the prosecution examined eight witnesses apart from relying upon several documents. In their statements under Section 313 of the Cr.P.C., the accused denied their involvement and alleged that their statements under Section 67 of the NDPS Act had been recorded under duress. Accused also examined as many as fourteen witnesses in their defence.