MAHESH LAXMANBHAI PATEL 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 8/03/1999 passed by the learned Additional City Sessions Judge, Court No. 15, Ahmedabad in Sessions Case No. 208 of 1998, by which the appellant is convicted under Sections 8(C) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`the NDPS Act' for short) and punished with R.I. for 10 years and a fine of Rs. 1 lac (Rupees One lac Only), in default to undergo R.I. for six months.

(2.) The name of Mr. Mehul S.Shah was notified as the learned Advocate for the appellant, Mr.Shah produced a letter dated 16th March, 2002 addressed to the appellant, seeking his instructions as to whether he has to conduct the matter or the appellant wants to engage another advocate. Mr. Shah has also produced a xerox copy of a post card dated 25th March, 2002 addressed to him by the appellant. Mr. Shah submitted that as indicated in that post card, he has already handed over the papers to Mr. R.M. Agrawal, who may be permitted to address the Court. Both the letters are taken on record and Mr. Agrawal is permitted to make his submissions on behalf of the appellant.

(3.) The facts giving rise to the present criminal appeal are as under :