KAMLESHKUMAR SHRIRAGHU MAHANTO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by learned Special Judge in NDPS Case No. 11 of 2005; whereby, the learned Special Judge has convicted the appellant-accused for the offence under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and has imposed the sentence of 10 years RI with the fine of Rs. 1,00,000 and further 2 years RI for default in payment of fine.

(2.) As per the prosecution case, on 21.8.2005, Shri G.N. Zala, Police Inspector who was in-charge of the DCB Police Station. Vadodara received information that two persons, one aged about 20 years wearing white shirt and checks pent having blue colour bag and another person aged about 14 years wearing sky white checks design shirt and brown pent and having white plastic bag with him are at S.T. bus stop and the bags were carried by them containing ganja and therefore, the said information was recorded. The intimation was given to the immediate Superior Officer and the arrangement for raid was made. The panchas were called for search and seizure. They proceeded at the spot. Since it was after sunset and if the raid was not immediately carried out, the chances of escaping were there and therefore, the same was accordingly recorded in the station diary and thereafter, the raiding officer had proceeded for raid. It was found that at the S.T Depot Intercity Platform two persons for which the information was received with the same description were present and they identified themselves as Kamlesh Kumar Shriraghu Mahanto accused herein (A1) and another Dev Kumar Shriraghu Mahanto (Juvenile). Since they were not knowing Gujarati, they were made to understand in Hindi for their search. They were informed that they have an option for search in presence of any other Gazetted Officer or the Magistrate but such option was not exercised and thereafter, the search was carried out. The intimation was given to the FSL officer for preliminary testing of the substance and for weighing the same. From the possession of the bag of A1, 5 Kg. and 700 grams ganja was found, whereas, from the bag in possession of Juvenile, 2 Kg, and 600 gms ganja was found. The preliminary testing was made and the result was positive. Thereafter, the samples were taken and the remaining substance and material was sealed and seized and thereafter, the compLalnt was filed with DCB Police Station at Ex.6.

(3.) The case was further investigated and thereafter, the charge-sheet was filed. The case was committed to the competent Court of the learned Special Judge being NDPS Case No. 11 of 2005. The prosecution in order to prove the guilt of the accused examined the 13 witnesses, the details of whom are mentioned by the learned Special Judge at Paragraph No. 10 of thejudgment. The prosecution also produced the documentary evidences of 29 documents, the details of which are mentioned by the learned Special Judge at Paragraph No. 11 of the judgment. The learned Special Judge: thereafter, recorded the statement of the accused under Section 313 of Criminal Procedure Code; wherein, the accused denied the evidence against them but in the further statement, it was stated by the accused that he has been wrongly implicated in the case and the charge-sheet was filed based on the false evidence. The learned Special Judge, thereafter, heard the prosecution and the defence and ultimately found accused guilty for the offence. The learned 'Special Judge heard the prosecution and the defence on the aspect of sentence and ultimately, imposed the 'sentence as referred to hereinabove. Under these circumstances, the present appeal before this Court.