ABDULGANI ABDUL AHAD BAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AN application filed by the convict ? Abdul Gani Abdul Ahad Bat to the Honourable the Chief Justice and other Judges of the High Court of Gujarat, this appeal, which was forwarded through the Superintendent of Jail, Vadodara Central Jail dated 31st March 2003 was treated as a Criminal Appeal No. 398 of 2003. Later on, learned advocate Mr. RM Agrawal filed his appearance for the appellant.

(2.) PRESENT appeal arises out of a judgment and order dated 22nd March 2003 in Special NDPS Case No. 4 of 2001, which was decided by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court No. 1, Bharuch. In all, there were, in all, five accused, of which, accused no. 2 to 5 were given benefit of doubt and acquitted. The accused no. 1 was convicted for offences punishable under Sections 8(c), 20(b)(2), 22 and 29 of the NDPS Act, under Section 235 of the Code of Criminal Procedure and he was imposed punishment of 10 years Rigorous Imprisonment and a Fine of Rs.1 lakh, in default, 06 months' Rigorous Imprisonment. The learned Additional Public Prosecutor made available for perusal the Jail Remarks. The Jail Remarks show that, initially, the appellant was arrested on 4th September 2001. He came to be convicted on 22nd March 2003 and as on 1st March 2011, he has completed imprisonment of 09 years, 05 months and 24 days. It also shows that the convict has not paid the fine. The learned advocate for the appellant invited the attention of the Court to the application made by the convict through jail, which is treated as criminal appeal. It is mentioned therein that, 'I, the applicant, is a member of a very poor family. I am not in a position to engage any private advocate as it is not financially possible for me. Therefore, through legal aid, services of an advocate be made available'.