ABDUL GAFFAR HASAMBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals are directed against the judgement and order passed by the learned Special Judge in Sessions Case (NDPS) No.98/06, whereby the learned Judge has convicted A1 (appellant of Criminal Appeal No.1129/07) for the offence under section 20(2) read with sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and has imposed sentence upon A1 with 10 years RI and fine of Rs. 1 lakh and further 1 year SI for default in payment of fine and has imposed sentence upon A2 (appellant of Criminal Appeal No.1146/07) with 7 yeas RI with the fine of Rs.50000 and 6 months SI for default in payment of fine.

(2.) As per the prosecution case, Shri N.B. Chudasama, PSI, Special Operation Group, Junagadh, p.w.6, on 12.10.2006 received information at about 11.30 that two persons named Jusab Juma and Abdul Gaffar, possessing quantity of charas were to pass on highway on Hero Honda motorcycle No.GJ-10-S-5742 for selling the same to Mangrol and they were to pass on the highway touching the village Sheel. The said information was recorded by him in writing and the intimation was also given to his immediate superior officer. He instructed to call for panchas and thereafter they reached to the spot and it was found that two persons were coming on Hero Honda motorcycle of the same number and therefore the same was intercepted and the person driving the motorcycle was Abdul Gaffar (A1) and the pillion rider was Jusab Juma (A2). He had asked both the persons as to whether they are desirous to be searched in presence of gazetted officer or magistrate or through police. As per the said police officer, they agreed to be searched through the police and thereafter, the search was made. It was found that A1 in his bag which was in his hand was having charas since it was smelling like intoxicated material and therefore, the person for weighment was called and it was found that the quantity was 2 kg 130 gms. The sample was taken. The same was sealed and remaining material was also sealed. It was also found that A2 in his pocket of the pant at the waist was having 900 gms of charas in the small bag. The sample was also taken and the same was sealed and the remaining muddamal was also sealed. Thereafter, the complaint (exhibit 66) was filed with Sheel Police Station.

(3.) As per the prosecution case, the complaint was further investigated and ultimately, as sufficient material was found, the charge-sheet was filed and the case was committed to the competent court of the learned Special Judge being Sessions Case (NDPS) No.98/06.