RAMJIBHAI GANESHBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 29.8.2002 passed by the learned Additional Sessions Judge, Bharuch, in Special NDPS Case No.8 of 1998, whereby the learned Sessions Judge has convicted the appellant under Section 8(C) and 20(A) of the Narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced the appellant to undergo R.I. of five months and to pay a fine of Rs.1000/-, in default, to undergo further S.I. for 15 days and the appellant was further ordered to undergo R.I. for five months and to pay a fine Rs.1000/-, in default, to undergo S.I. for 15 days for the offence punishable under Section 22 Narcotic Drugs and Psychotropic Substance Act. THE brief facts of the prosecution case are as under:

(2.) THE allegations levelled against the accused are that the complainant received information that the accused Ramjibhai, resident of village Vanji, was coming on his cycle with one bag containing 100 grams of opium (Ganja). THE complainant after investigation, the said opium was recovered from the possession of the appellant and, therefore, the accused was arrested for the offences aforesaid under the Narcotic Drugs and Psychotropic Substance Act.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined 12 witnesses before the trial Court.