ABHILAPSINH JALSINH BHADORIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises from the judgement and order passed by the Additional City Sessions Court No.3, Ahmedabad in Sessions Case No.36 of 1995 dated 5.7.1996 for an offence under section 20(B)(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). The learned Judge was pleased to award rigorous imprisonment for 10 years and fine of Rs.1 lakh, and in default rigorous imprisonment for one year.

(2.) The facts of the case are that on 21.10.1994 at 8.40 PM, near Oriental building situated on Relief Road in the city of Ahmedabad on a public road, the accused was found to be in possession of 800 grams of Charas and thus, committed an offence under section 20(B)(2) of the Act.

(3.) The case of the prosecution is that when Police Inspector Shri S.J. Mansuri was on duty at Kalupur Police Station on 21.10.1994 at 6.10 PM, SRP First Grade Jamadar, Shri Mangalram Mekram Pal, SRP Group XII-B Company, Gandhinagar with SRP Constable Shri Virsing Rampat Yadav and Police Constable Shri Pruthvisingh Jadeja had brought the accused before him and informed that with this accused in a white bag there is a black substance like Charas. Police Inspector, Shri Mansuri called two Panchas in the room of investigating squad of Kalupur Police Station and 'Vardi' was given to an expert from Forensic Science Laboratory and intimation of this fact was given to the superior officer. Thereafter, the Panchas were explained about the search of person of this accused. On an inquiry the accused gave his name to be Abhilakhsinh Jalsinh Bhadoria, aged 34, resident of Village Shihuda, Post Shihuda, District Bhind, Madhya Pradesh. Police Inspector, Shri Mansuri informed the accused that before the search of the person of the accused is taken, he would like to have the search of the officer and the Panchas. The accused was also informed that if he wishes that his search be made in presence of a Sub Divisional Magistrate, it can be so arranged. The accused denied both these offers and hence the search was carried out. It was found that in his cotton bag there was a plastic bag on which a word, 'Tulsi' was printed in English. In that plastic bag, six cylindrical pieces wrapped in a newspaper were found. On smelling the said article, by the Panchas and the Police Inspector, it was found to have been smelling Charas. For weighing the article, Police Constable Shri Takhansingh was sent to call a person with weighing scale. In the meantime, Assistant Police Commissioner, 'D' Division, Ahmedabad City, Shri N.R. Parmar reached the scene. He also observed that the article found from the plastic bag was smelling of Charas. On further search of the person of the accused, from the right pocket of his pant, a Post Card dated 17.6.1994, addressed to the accused was found and an Identity Card of SRP Force was also found. It bore a stamp which was illegible. In the said card, the name of the accused was written in English. It also contained his photograph. Currency notes worth Rs.800.00, were found. A cotton belt tied round the waist of the accused was found. Inside the said belt, the words, "SRP Q/2 dated 5.7.1994" were written. On weighing the article, it was found to be 800 grams. In the meantime, the expert of the Forensic Science Laboratory, Shri Dave also reached. After examining the article, he gave prima facie opinion that the article is Charas. It was inquired from the accused as to whether he had any licence for possessing the said article, to which he replied in 'negative'.