MANSUKHBHAI VITHALBHAI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present appeal, the appellant original accused challenges the judgment of conviction and sentence passed by the Addl. City Sessions Court, Ahmedabad, dated 27.12.2001 in Sessions Case No. 40/2001 whereby the Sessions Court convicted the appellant of the offences under Section 8(c) read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, for being found in conscious possession of 2kgs and 200 gms. of Opium on 20th December, 2000, and sentenced him to rigorous imprisonment for 10 years with fine of Rs. 50,000, and in default RI for one year.

(2.) In this context, we have heard learned counsel for the appellant, carefully perused the impugned judgment of conviction and sentence and have referred to such evidentiary material on record, to which our attention has been drawn.

(3.) Learned counsel for the appellant first sought to dispute and challenge the findings of fact recorded by the Sessions Court on the basis of the evidentiary material on record. However, he could not dispute nor substantiate his contentions as regards the discovery of the contraband Opium on the day and date, with which the accused was charged.