RAMANBHAI BEHCARBHAI RAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As these two appeals are arising from one common judgement dated 11.9.1997 rendered by Additional Sessions Judge, Nadiad in Special NDPS Case No. 9 of 1996, same are disposed of by this Common Judgement. Criminal Appeal No. 987 of 1997 is filed by original accused No. 2 Ramanbhai Becharbhai Rami, while Criminal Appeal No. 1029 of 1997 is filed by original accused No. 1 Prabhat Mahiji Gohil.

(2.) Original accused No. 1 of Special NDPS case has by filing Criminal Appeal No. 1029/97 challenged the correctness and legality of judgement of conviction and sentence dated 11/09/1997 rendered by learned Additional Sessions Judge, Nadiad, whereby, he has been convicted under Section 235 (2) of the Criminal Procedure Code (hereinafter referred to as "Cr.P.C." for short) for the offences punishable under Section 17, 18, 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act" for short) and is sentenced to undergo imprisonment for said three offences for 10 years and to pay a fine of Rs.1 lac and in default of fine, to undergo further imprisonment for one year. He is also convicted for the offence punishable under Section 27 of the NDPS Act and is sentenced to undergo further imprisonment for one year and to pay a fine of Rs.500.00 and in default, of fine to undergo further imprisonment for 7 days.

(3.) The facts leading to these present two appeals in a nutshell are as follows :-