BHARATBHAI RUPABHAI DEHDHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants came to be convicted by Sessions Court, Dahod for offence punishable under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, by judgment and order dated 21.04.2006 rendered in Special Case No.1 of 2005. They were sentenced to undergo rigorous imprisonment for ten years and fined to pay Rs.1 lakh each, in default, to undergo simple imprisonment for one year.

(2.) THE case of the prosecution, in brief, is that the appellants were found to be in possession of 306.500 kilograms of poppy-straw on 17.10.2005 at about 10 am at Navagam in Jeep No.RJ-18-U-0237. As per the prosecution case, the police had arranged a watch at Navagam Cross Roads to look for smuggling of illicit liquor from neighbouring States. At that time, this jeep car came, wherefrom the aforesaid quantity of contraband was found. The vehicle was occupied by two persons, in addition to the driver. The contraband seeds were weighed at the spot by calling one Abdul Hakimbhai Gulabbhai Mahmmad Mansuri. Samples were drawn and sealing was done. Thereafter, samples were sent to FSL for chemical analysis. The said samples were certified by FSL to be of poppy-straw. Therefore, charge-sheet was filed and Special Case No.1 of 2005 was registered. Charge was framed at Exh.2, to which, all the three appellants pleaded not guilty and came to be tried. The trial Court found that the prosecution successfully proved the charges and therefore, recorded conviction. Hence, these appeals.

(3.) LEARNED advocates for the appellants have raised large number of contentions, one of which is such that it goes to the root of the entire case and investigation and therefore, we propose only to deal with that aspect and not to deal with other contentions that have been raised before us.