VIRENDRAPRATAP RAMDAVAR YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against judgment and order dated 31.07.2006 of the learned Additional Sessions Judge, Court No.11, Ahmedabad in Sessions Case No.337 of 2004, whereby appellant, accused No.1 before the trial court, was convicted under section 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for sake of brevity), and sentenced to undergo rigorous imprisonment for 13 years and to pay fine of Rs.1 lakh, and in default of payment of fine to undergo further rigorous imprisonment for 1 year. Accused No.2 was acquitted by the trial court.

(2.) THE profile of relevant facts was that the police inspector of GIDC Vatva police station received secret information, at around 10.45 a.m., on 09.10.2004 that a person of particular description would pass walking CTM canal kachha road via Trikampura Patia, towards Jasodanagar road carrying with him quantity of brown sugar without permit. Necessary procedure of informing his superior and registering the information in station diary was undergone. THE members of raiding party reached at the place of information on Mahemdabad highway at around 12.35 p.m. to keep a watch. At around 2.45 p.m., one person with description as per information came walking from CTM canal road and was proceeding towards Jasodanagar road. He was intercepted by the police personnel. He revealed his name to be Virendrapratap Ramdhaval Yadav. THE officers of the police staff disclosed their identity to him and conducted search. Before searching, he was asked whether he wanted to be searched in the presence of any Gazetted Officer or an Executive Magistrate, to which he replied in negative.

(3.) THE provisions of the NDPS Act were amended by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 with effect from 02.10.2001. THE object was to rationalize the structure of punishment under the Act. Section 21came to be substituted, providing for punishment for contravention in relation to manufactured drugs and preparations. THE graded punishment was introduced depending upon the quantity of the contraband involved, categorized as 'small quantity', 'quantity lesser than commercial but greater than small quantity' and the 'commercial quantity'.