BHUPENDRABHAI MOHANBHAI GANDHI 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.7/06, whereby the appellantaccused has been convicted for the offences under sections 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and has imposed the sentence of 10 years R.I. with the fine of Rs.1 Lac and further 1 year R.I. for default in payment of fine.

(2.) AS per the prosecution case, on 15.09.2006, when the complainant K.V. Katara, Police Inspector was present at the police station at about 9.00 O' clock, he received the information that at village Kayavarohan, one Bhupendra Mohanlal Gandhi who was doing business of ice, a strong bodied man with bald head, on his Hero Honda Motorcycle No.GJ6B5868 was to deliver huge quantity of ganja to someone at Ganpatpura and he was to reach at the spot at about 12.00 to 13.00 O'clock. The said information was recorded and the intimation was sent to his superior officer, i.e., Deputy Superintendent of Police (Narcotics) and after verification of the information, the panchas were called for raid through the subordinate officer. They reached at the spot near Manglej Chowkdi, at about 12.05. Thereafter, within half an hour, the person as per the description, was coming on the Hero Honda Motorcycle from Ganpatpura Chowkdi and there was also one pillion rider and he was cordoned when he reached at about 12.35 and thereafter, the complainant got himself introduced and informed the said person that he himself was the gazetted officer, but if he was desirous to get himself searched in presence of any other Gazetted Officer or the Magistrate, he has the right and such arrangement could be made. But such option was not exercised and thereafter, the search was made of Bhupendrabhai and also the pillion rider Kantilal Dalpatbhai. It was found that accused Bhupendrabhai was possessing one bag on his shoulder containing ganja and when the permit was demanded, no permit was produced. From the another person Kantilal, Ganja was not found. Thereafter, since the testing was to be made at the spot, the officer of FSL was called and it was found that the material was ganja and upon weighing through Arvindbhai Bhikhabhai Darji, the same was 4.95 kg. The samples and the remaining materials material were sealed and thereafter, the complaint was filed with the concerned police station on 16.09.2006.

(3.) WE have considered the evidence on record. We have also considered the judgment and the reasons recorded by the learned Special Judge. We have also heard Ms.Sadhna Sagar, learned counsel for the appellant and Mr.Pandya, learned APP for the State.