OMKARNATH KAK @ PANDITJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS all the appeals with Criminal Confirmation Case for death sentence arise from the common judgment and the order passed by the learned Special Judge, they are being considered simultaneously.

(2.) WE may also state that as per the proviso to section 368 of CrPC, no order for confirmation should be made until the appeal preferred is disposed of, before we consider the aspects for confirmation of death sentence, it would be appropriate to consider the appeals and thereafter to consider the Criminal Confirmation Case for death sentence.

(3.) DURING the course of investigation, it was found that certain quantity of charas was delivered at Kalol and in exchange thereto, the amount of Rs. 1.32 lacs was recovered. Hence Shri Umesh Pathak, PW-4, Intelligence Officer of NCB, called for the panchas and another team had visited the place as was to be shown by Raju Siddh (A-3) on 18.9.203 at Kalol, which was the house of Gulamnabi Mahebubbhai Mansuri (A-6) and upon the entry in the premises by the members of the team including Umesh Pathak PW-4, Gulamnabi Mahebubbhai Mansuri as well as his wife Kamarunnisa (A-7) and other two persons Rajabsha Ramzansha Fakir (A-8) and Ahmedhusen Pirubhai Mansuri (A-9) were found inside. After introduction, Umesh Pathak gave them option for their search and seizure in presence of any gazetted officer or Magistrate, but such option was not exercised, and thereafter, upon search, certain substance was found in form of laddu having typical smell and upon testing with the drug testing kit, the result was shown as that of charas, and therefore, the total quantity was seized having gross weight of 10.150kg and net weight of 9.980kg and the currency notes of Rs. 89,360.00 was also found from the possession of A-7 being the sale proceeds of charas. The panchnama was prepared for search and seizure. The samples were taken and the materials were also sealed. Thereafter, the summons were issued to all the four persons under sec. 67 of the NDPS Act and they were asked to come at Ahmedabad for recording of their statements. The statements were also recorded. Thereafter, upon prima-facie involvement found, they were arrested.