HAMIDBHAI AZAMBHAI MALIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .By this Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (Code), the appellant-original accused has questioned the legality and validity of the conviction and sentence order recorded against him in Session Case No. 84 of 1996, by learned Addl. Sessions Judge, Bharuch, holding him guilty under Sec. 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for having committed the offence under Sec. 8(c) of the N.D.P.S. Act, and ordered to undergo minimum sentence of rigorous imprisonment for 10 years and a fine of Rs. 1 lac, and in default, simple imprisonment for one year, by passing the impugned judgment and order, on 7-2-1997.

(2.) The resume of material facts leading to filing of the present Appeal, may be stated at the outset.

(3.) The appellant, who is the original accused in Session Case No. 84 of 1996, was charged for having committed offence punishable under Sec. 20(b)(ii) of the N.D.P.S. Act, on the basis of a complaint lodged by one P.S.I. K. D. Pandya, L.C.B. Branch, Bharuch District. Complainant in course of investigation of one another offence, registered vide CR No. II 135 of 1995, under the N.D.P.S. 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. 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. On the basis of the said report, entry came to be recorded in Jambusar Police Station Diary at Sl. No. 17 of 1995 at about, 2-30 p.m., the raid was effected on 15-12-1995 after calling panchas and other officers and a photographer, and after undergoing other exercise required under the Rules.