MUNSISINH MOTILALSINH AVADHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Special Judge in NDPS Case No. 4/2005, whereby, the learned Judge has convicted the appellant-accused for the offence under sec. 8(c) read with section 20(b)(ii)(c) and 29 of the NDPS Act, and has imposed sentence of 10 years R/I with the fine of Rs. 1 lac and further 2 years R/I for default of payment of fine.

(2.) As per the prosecution case, one Mr.K.V. Katara, Police Inspector, NDPS Cell (PW-1) received the information that between 13.00 to 15.00 O'clock, one person, named Munsisinh Bihari, aged about 22 years who had put on white pent and white shirt, carrying charas in green bag, was to come at Karjan Pick-up stand, near Karjan Dhavat Chokadi on Vadodara-Surat National Highway, for giving delivery of Charas. Therefore, after giving intimation to his higher officer, he called for the panchas through his subordinate and reached at the spot and it was found that the accused appellant herein was in possession of Charas. Thereafter, necessary procedure was followed by the raiding officer for search and seizure and opportunity was also given to the accused if he so desired for search and seizure in presence of any other Government Gazetted Officer, which was not availed by the accused and ultimately search and seizure was made by him. Thereafter, in the presence of two panchas, both the packets were weighed and it was found that one packet was containing 1 kg charas and another packet was containing 500 grams charas. Thereafter, samples were taken and process for sealing of the samples as well as remaining quantity were also undertaken. Thereafter, he filed the complaint with the concerned Police Station. As per the prosecution case, the said complaint was further investigated, and ultimately, charge-sheet was filed, and thereafter, the case was committed to the Court of Learned Special Judge being NDPS Case No. 4/2005.

(3.) The learned Special Judge framed the charge at the initial stage on 13.6.2005 for the offence under section 8(c) read with section 20 of the NDPS Act against both the accused. Subsequently, the said charge was altered and both the accused were charged for the offence under section 8(c) read with section 20(b)(ii)(c) and under sec.29 of the NDPS Act.