NAJMUNISHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The instant criminal appeals arise out of SLP (Criminal) No(s). 7419­7420 of 2009 assailing the Common Impugned Judgment dtd. 16/3/2009 of the Division Bench of Gujarat High Court in Criminal Appeal Nos. 1702 of 2004 and 2097 of 2004 moved by the Original Accused No. 01 (Smt. Najmunisha - Appellant in Criminal Appeal No. 1702 of 2004 before the High Court) and Original Accused No. 04 (Abdul Hamid Chandmiya alias Ladoo Bapu - Appellant in Criminal Appeal No. 2097 of 2004 before the High Court).

(2.) Smt. Najmunisha (hereinafter referred to as "Accused No. 01") was originally convicted under Ss. 29 read with 20(b)(ii)(c) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act 1985"). The Trial Court had sentenced her to ten years of rigorous imprisonment and fine of INR 30,000/­ (Rupees Thirty Thousand only) for the charge under Sec. 29 read with Sec. 20(b)(ii)(c) of the NDPS Act 1985 and in default, she had to undergo one year of simple imprisonment. No separate sentence was imposed under Sec. 25 of the NDPS Act 1985. This sentence was subsequently modified by the High Court of Gujarat while partly allowing her appeal to the effect that her fine was enhanced to the minimum prescribed fine of INR 1,00,000/­ (Rupees One Lakh only) and reduced the sentence in default of paying the fine from simple imprisonment of one­year to simple imprisonment of three months.

(3.) Accused No. 05 (Nazir Ahmed alias Nazir Bazara) was convicted under Sec. 20(b)(ii)(a) of the NDPS Act 1985 and was sentenced to six months of rigorous imprisonment along with fine of INR 5,000/­ (Rupees Five Thousand only) which he completed during the trial and therefore did not prefer any appeal before the High Court of Gujarat.