HAMIDBHAI AZAMBHAI MALIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Gujarat High Court upholding the conviction of the appellant for offence punishable under Section 20 (b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the "NDPS Act"). The learned Additional Sessions Judge, Bharuch had found him guilty under the aforesaid provision for having committed the offence under Section 8(c) of the NDPS Act. Minimum sentence of 10 years' rigorous imprisonment and a fine of Rs.1,00,000/- with default stipulation was imposed.

(2.) The appellant, who is the original accused in Sessions Case No. 84 of 1996, was charged for having committed offence punishable under Section 20(b) (ii) of the NDPS Act, on the basis of a complaint lodged by one PSI KD Pandya, LCB Branch, Aharuch District, Complainant in Course of investigation of one snottier offence, registered vide CR No, II 135 of 1995, under the NDPS act, came to know that accused is also possessing and selling the contraband articles at his residence. Upon such information he and other Officers started for raid.

(3.) Initially, he informed about having received such information to the higher officers, namely D.S.P. and Circle Inspector of Bharuch District, by writing a report in a sealed envelope, and sent it through one Police Constable.