KESRIMAL KANAIYALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in these two Criminal Appeals 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 23.12.2005 rendered in Sessions Case No. 23 of 2001 by the learned Special Judge, Fast Track Court No. 2, City Sessions Court, Ahmedabad, by which the Appellant of Criminal Appeal No. 555 of 2006, i.e. Accused No. 1 ("A-1" for short) and the Appellant of Criminal Appeal No. 1040 of 2007, i.e. Accused No. 2 ("A-2" for short), have been convicted for the offence punishable under Section 21 read with Section 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short), and both of them are sentenced to suffer RI for 12 years and fine of Rs. 1,50,000/- i.d. RI for 1 year.

(2.) Briefly stated the prosecution case as disclosed from the FIR and as unfolded during trial, is as under:

(3.) Mr. Rajesh Agarwal, learned Advocate for A-1 and Mr. J.B. Pardiwala, learned Advocate for A-2 submitted that they do not challenge the order of conviction on merits. However, they submitted that looking to the quantity of the contraband article brown sugar recovered from A-1, RI of 12 years imposed upon A-1 and A-2 is disproportionate to their guilt and it is not commensurate with the quantity of contraband article recovered from them. Besides this, they have also submitted that there are mitigating circumstances in favour of the A-1 and A-2 and also this is the first conviction recorded against them under the NDPS Act, for imposing minimum sentence of 10 years. They therefore urges that the order of sentence may be suitably modified by reducing the same to the minimum sentence prescribed under the NDPS Act, which according to them is RI of 10 years. They therefore urges to pass appropriate orders in this regard.