GANI MAMAD BHAGAD VAGHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under section 374(1) of the Code of Criminal Procedure, 1973 directed against the judgement and order dated 30.9.1997 by the learned Additional Sessions Judge, Jamnagar, in Special Sessions Case No.5 of 1997 by which the appellant is convicted under section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"), (conviction is to be read to be under section 20 of the NDPS Act) and punished him rigorous imprisonment for 10 years and fine of Rs.1 lakh, in default simple imprisonment for one year.

(2.) On 20.1.1997, between 9.50 to 11.30 PM, the complainant of this case raided the residential premises of accused no.1 situated in Juma Masjid Chowk at Bedi area of District Jamnagar and recovered 168 grams of charas from the room of accused no.1, from below the mattress and the pillow on the cot, which was alleged to have been purchased by accused no.1 from accused no.2. Both the accused had thus, indulged in purchase and sale of prohibited charas. Accused no.1 keeping the said charas in his possession and by helping each other committed offence under section 20 read with section 29 of the NDPS Act. Further that accused no.1 having kept the said charas in his possession for either personal use or to sell or for trading and accused no.2 having helped accused no.1 committed offence under section 27 read with section 29 of the NDPS Act.

(3.) On 20.1.1997 the complainant, PSI Mr.G.D. Rajput was present at City 'B' Division Police Station, Jamnagar. At that time, LCB PI Mr.B.M. Jadeja and P.I. Mr.B.K. Jadeja of task force, Jamnagar had come and informed that in area under the jurisdiction of Jamnagar 'A' Division Police Station, contraband charas is seized and accused Abdul Sattar Abdul Karim is arrested under C.R. No.II-29 of 1997 and during interrogation, the said accused Abdul Sattar Abdul Karim, had divulged information that some quantity of charas he (accused no.1) has sold to Gani Mamad Bhagad of Jamnagar and therefore, a raid is required to be carried out at the place of said Gani Mamad Bhagad. Consequently, the P.I. of Jamnagar City 'B' Division Police Station drew a resolution under section 42(1) of the NDPS Act and called the Panchas for the raid who were explained about the same. A preliminary Panchnama was drawn and thereafter the complainant of this case, with P.I. Mr.B.K. Charan of 'B' Division Police Station, Jamnagar along with his staff members, Panchas had started in a Govt. vehicle to go to the place of Gani Mamad Bhagad.