VISHNUBHAI MAHESHWARI PRASAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and Order passed by the learned Sessions Judge in NDPS Case No. 15/05, whereby the learned Judge has convicted the appellant-accused for the offence under Section 8(c) read with Section 20(b) (2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and has imposed sentence of 10 years RI with the fine of Rs.1 lakh and further 1 year RI for default in payment of fine.

(2.) As per the prosecution case, when the complainant S.G. Yadav, P.W.-1 was in the prohibition station of south division at Surat, on 14.05.2005, at about 19.00 hours, he received an information that Vishnubhai Maheshwari Prasad Dube who was residing in one room amongst other rooms belonging to Gangaram Pal located at Plot No. 92, Indiranagar Ganeshnagar, Pandesara was selling ganja illegally and at present in his possession there was a stock of ganja. Therefore, he recorded the information in the police diary and intimated his superior and further he had instructed his subordinate to call for panchas and thereafter, he made an arrangement for raiding of the place. When he reached to the place in presence of panchas, Vishnubhai Maheshwari Prasad Dube, accused herein, was found in one room which was open and he identified himself as Vishnubhai Maheshwari Prasad Dube. The complainant introduced himself and served the order under Section 42 of the Act and gave the option if the accused was desirous to, have the search in presence of any other gazetted officer or magistrate, but the said option was not exercised and thereafter, the search was made of the room and it was found that three plastic bags were there and the weighing scales were also there. The instructions were given to the scientific officer for preliminary testing and the person for weighing was also called for. It was found on the preliminary testing that the material was ganja and accused had no permit with him. The material was weighed and it was found that total weight was 30 kg. The samples were taken and sealed and the remaining materials were also sealed. The panchnama was prepared and thereafter, the complaint was filed (Exhibit 16) with South Division (Prohibition), Surat City Police Station.

(3.) The complaint was further investigated by the police and ultimately, the charge-sheet was filed and the case was thereafter committed to the Special Court being Special NDPS Case No. 15/05. The prosecution in order to prove the guilt of the accused, examined 9 witnesses, the details of whom are mentioned at Paragraph 5 of the judgment of the learned Judge. The prosecution also produced the documentary evidence of 23 documents, the details of which are mentioned by the learned Judge at Paragraph 6 of the judgement.