HARUN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal is filed under section 374(2) of the Code of Criminal Procedure, 1973, against the judgement and order dated 30.9.1997 passed by the learned Additional Sessions Judge, Jamnagar in Special Sessions Case No.4 of 1997, by which the appellant, accused no.1 is convicted under section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act" for brevity) and punished with rigorous imprisonment for 10 years and fine of Rs.1 lakh, in default simple imprisonment for one year.

(2.) On 20.1.1997 when a raid was conducted at the place of one 'Abdulla Dadhi' by Shri Bharatsinh M. Jadeja, P.I. (LCB), Jamnagar with PSI Shri P.K. Jadeja, City P.I. Shri Merujay and other staff members, one Abdul Sattar Abdul Karim, who was accused no.2 in Sessions Case with one Firozkhan Pathan was found with 2.800 K.G. of charas. During interrogation of Abdul Sattar, accused no.2, he revealed that he had sold other quantity of charas to Harun Rashid Khamisa Thaim of 'Jadia Bhunga', the present appellant, original accused no.1 and to one Gani Mamad Bhagad of Bedi. This information was revealed by Abdul Sattar Abdul Karim, accused no.2 in this case to Shri Jadeja P.I. (LCB), Jamnagar. Said information was taken down in writing by Shri J.J. Jadeja, PSI (LCB), Jamnagar and the same was conveyed to the District Supdt. of Police by making a report. P.I. Mr.B.M. Jadeja sent P.I. Shri Charan of City 'B' Division Police Station to carry out the raid at the place of Gani Mamad Bhagad and P.I. Shri B.M. Jadeja with P.S.I. Shri J.J. Jadeja decided to carry out the raid at the place of accused no.1.

(3.) A report was made to the learned Judicial Magistrate (First Class) regarding arrest and seizure of the Muddamal. A copy of that intimation was produced at exh.18. The sample was sent to Forensic Science Laboratory through Dineshbhai Sukaji, PW 8 and a receipt issued by Forensic Science Laboratory, Junagadh, which is on record at exh.29. The report of the Forensic Science Laboratory is produced at exh.42, wherein it is mentioned that one sealed cloth parcel, mark 'A', was received. There was an inscription, 'PSI (LCB), Jamnagar Jillo' (in Gujarati). The seals were intact and tallied with the 'specimen seal' impressions received. Report of the analysis indicated that the substance analysed was charas as defined in NDPS Act. Further investigation in this case was carried out by PSI Mr.Gulabsinh D. Rajput, who was Reader to Deputy Supdt. of Police, Jamnagar and was serving in City 'B' Division Police Station. On receipt of the report and completion of investigation, the appellant as well as accused no.2 was charge sheeted for the offences punishable under sections 22 and 29 of NDPS Act in the Court of Special Judge of Jamnagar.