KAUSHIKKUMAR @ GOPALDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30-9-1988 of the Additional Sessions Judge, Nadiad, in Sessions Case No. 78 of 1988 holding the appellant guilty under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Narcotic Drugs And Psychotropic Substances Act for short) and awarding to him a sentence of 5 years' Rigorous Imprisonment and a fine of Rs. 50,000/- and in default 6 months' further R.I.

(2.) The appellant (original accused No. 1) and eight other accused were charged in the aforesaid Sessions Case with have committed offences under Sections 17, 18, 20 and 29 of the Narcotic Drugs And Psychotropic Substances Act and the original accused No. 2 was further charged with having committed an offence under Section 25 of the said Act.

(3.) Briefly, the prosecution case was as follows. The Police Sub-Inspector of Dakor City Police Station, on receipt of information that the original accused No. 2-Rabiabibi was dealing in Opium, Ganja and Charas at her residence situated in the compound of Navalsha Pir Dargah at Dakor, raided the said house on 27-9-1987. The P.S.I, had taken with him two panch-witnesses at that time. When the Police party and the panchas reached the house of the accused No. 2, the said accused and the present appellant (accused No. 1) were found sitting on a cot outside the house. Two of the sons of the accused No. 2, who were in the house, ran away on seeing the arrival of the Police party. The appellant was found to have two plastic bags with him. On search of the said plastic bags, it was found that there were 38 packets containing 150 grams of Ganja in all in one of the bags, and there were 51 packets containing 100 grams of Ganja in all in the other bag. The accused No. 2 had with her a exine bag and it was also found to contain small plastic packets containing in all 150 grams of Opium. On further search of the house of the accused No. 2, some more quantity of Ganja and Charas was found. In the course of the investigation, the house of the other accused were also taken search of, but nothing was found therefrom. So far as the accused Nos. 3 and 4 are concerned, it is stated that the Police had found out more contraband (secreted at certain places) pursuant to the statements made by the accused Nos. 3 and 4.