VIJAY GIRI DHARAMNATH GIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 31.1.2006 passed by the learned Addl. Sessions Judge & Presiding Officer, Fast Track Court No. 2, Ahmedabad city in Sessions Case No. 369/2004,whereby, the learned Judge has convicted the appellant under sec. 8(C) and 20 of the NDPS Act and sentenced to undergo imprisonment of 7 years R/I and to pay a fine of Rs. 75,000/- in default, to undergo further R/I for three years, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That on 4.8.2003, PSI, Mr JM Bharwad, the complainant, had received a secret information from his informer that one person namely Vijay Giri and other Shashikant @ Babu Sahed, resident of Bharwad Vas, Chhaganbhai Bharvad's house, were dealing with the business of Charas and Ganja. The Complainant states that after receiving the said secret information, the complainant had informed his superior officer Mr Chaudhary and 2nd PI Mr Parmar for taking permission for raid and also prepared a panchnama for the same. Thereafter, they called the panch witnesses and prepared for the raid as per the information. As per the complainant, after completing all the formalities, they raided the house of the appellant and at the time of raid, the appellant was stand out of the said room. As per the case of the prosecution, that at that time, from the house of the appellant from one galvanized plastic drum (pip) charas weight 522 grams and Ganja weight 11640 grams were found. That after drawing necessary panchnamas and other formalities of investigation, seized the said muddamal contraband Charas and Ganja and other material from the place of the muddamal contraband recovered.