AMRABHAI RANCHHODBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has questioned the legality and validity of the conviction and sentence order, recorded by learned Addl. Sessions Judge, Bhavnagar, in Sessions Case No. 13 of 1988, whereby the appellant came to be held guilty under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo minimum imprisonment of 10 years and to pay minimum fine of Rs.l lac, and in default, rigorous imprisonment for two years, and also came to be held guilty for the offence punishable under Section 66(1 )(b) of the Bombay Prohibition Act, and sentenced to suffer simple imprisonment for six months, and to pay fine of Rs. 200, and in default, simple imprisonment for one month, by filing this Appeal under Section 374 of the Criminal Procedure Code (Code).

(2.) Learned Advocate appearing for the appellant-original accused has raised the following contentions before us : (i) that the report of Forensic Science Laboratory, examination and analysis produced at Exh. 19 dated 16-12-1987 is wrongly relied by the trial Court, as it did not contain the test, and the basis of which the conclusion has been arrived at; (ii) that there is a breach of the provisions of Sec. 42 of the N.D.P.S. Act; (iii) that the conviction simultaneously under Sec. 20 of the N.D.P.S. Act and also under Sec. 66(1) of the Bombay Prohibition Act, in respect of the same contraband article, is illegal.

(3.) Learned Addl. Public Prosecutor Mr. K. P. Raval is also heard. We have been taken through material parts of the evidence produced on record before the trial Court.