DINESH DHIMETRAY MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused of N.D.P.S. Case No.3 of 1998, which came to be decided and disposed by the learned Special Judge, Vadodara of the Special Court constituted under Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 has, by filing this appeal under Section 374(2) of the Criminal Procedure Code, 1973 [For short "Cr.P.C.] read with Section 36-B of the N.D.P.S. Act, 1985 [for short "N.D.P.S. Act"] challenged the correctness and legality of the judgment Ex.48 dated 30/12/2000 of conviction and sentence rendered by the said learned Special Judge, Vadodara in aforesaid case namely N.D.P.S. Case No.3 of 1998, whereby the present appellant has been convicted under Section 235(2) of the Cr.P.C. for an offence punishable under Section 20(b)(i) of the N.D.P.S. Act and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1,00,000.00[Rupees One Lacs Only] and in default to undergo further simple imprisonment for one year.

(2.) As per the complaint Ex.27 lodged by Shri D. S. Deol, Police Inspector, J.P.Road Police Station, Vadodara City, the case of prosecution in a nutshell is as follows:-

(3.) Being aggrieved against and dissatisfied with the said judgment dated 19/09/1998, the appellant preferred Criminal Appeal No.921 of 1998 to this Court. That Criminal Appeal No.921 of 1998 was heard and decided by this Court [Coram : J.N.Bhatt and J.R.Vora, JJ.] and by its order dated 31/07/2000, the impugned judgment dated 19/09/1998 rendered by Mr.R.M.Parmar, the then Special Judge, Vadodara was set aside and quashed, with a direction that said case be sent back to the Trial Court for "de dovo" trial, after observing the requisite procedure for providing Legal Aid to the accused, in his defence, as expeditiously as possible and preferably within a period of four months from the date of receipt of file from this Court, since the accused was in Jail.