SANNIMATAI GEORGEMATAI CHRISTIAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeal arise out of judgement and order rendered by Sessions Court, Porbandar, on 21.4.2005 in Sessions Case No. 21 of 2004 convicting appellant Sannimatai Georgematai Christian (Criminal Appeal No.1678 of 2005) for offence punishable under Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 50,000/ -, in default to further undergo rigorous imprisonment for one year.

(2.) BRIEF facts of the case are that the appellant was found to be travelling on 15.4.2004 in autorickshaw GJ -11 -V -218 at about 18.30 hours near Ramdun Mandir with maroon colour rexine bag. The said rickshaw was intercepted by police and on being searched, ganja weighing 11.100 kg. Was found from the bag. The appellant did not hold any pass/permit to possess ganja. He was, therefore, arrested and prosecuted before the trial Court. The trial Court by the impugned judgement recorded conviction and awarded sentence as stated hereinabove and hence this appeal.

(3.) LEARNED advocate Mr. Agrawal for the appellant submitted that the appellant has been in jail since the date of his arrest i.e. 15.4.2004. He is convicted for possessing 11.100 kg. ganja, a contraband article under NDPS Act. The said quantity is larger than small quantity but smaller than commercial quantity and the punishment prescribed under Section 20(b)(ii)(B) is 10 years with fine which may extend to Rs. 1 lakh.