FULGIRI KANAIYAGIRI GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this Appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (`the Code' for short) is to the correctness of the judgment and order dated 8th May, 2008, rendered in Special (NDPS) Case No.109 of 2006, by the learned Additional Sessions Judge, Fast Track Court No.4, Palanpur, by which the appellant (original accused) came to be convicted for the offence punishable under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`the NDPS Act' for short) and sentenced to undergo RI for 10 years and to pay fine of Rs. 1 lac and in default of payment of fine, simple imprisonment for one year.

(2.) Since the facts of the case have been detailed in the judgment of the Trial Court, it is not necessary for us to repeat the same all over again in verbatim and in detail in this judgment. However, basic facts which are necessary to be discussed for deciding this Appeal, as disclosed from the FIR and unfolded during trial, are as under:

(3.) The Trial Court framed charge against the accused at Exhibit-7 regarding the offence punishable under Section 15(b) of the NDPS Act, to which the accused did not plead guilty and claimed to be tried. Thereupon, the prosecution examined 15 witnesses and produced required documentary evidence detailed in para-4 in the impugned judgment. After the prosecution concluded its oral evidence, the learned Trial Court recorded the further statement of the accused under Section 313 of the Code and the appellant accused in his further statement denied generally all the incriminating circumstances put to him by the Trial Court and stated that when he was sitting in the ST Bus Stand, some bags were lying near him and he did not know what was there in those bags and that he was falsely implicated in this case.