STATE OF GUJARAT Vs. LAXMANBHAI NARSAIYA BEGMALLA

JUDGEMENT

(1.) THE judgement and order dated 4th December, 1993 passed by the learned Additional Sessions Judge, Surat, in Sessions Case No.63/93 is subject matter of challenge in this appeal.

(2.) THE charge against the accused was that on 5 th December, 1992, at around 17.30 hours, the accused had kept with him 7850 grams of Ganja without any pass or permit at Kamela Darwaja, Chhatri Char Rasta, Ring Road area of Surat city and had, therefore, committed the offence punishable under section 8(c) read with section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(3.) IN the meanwhile, Head Constable Kesarisinh came along with Asif Shaikh Ibrahim Shaikh together with weighing scales and weights. The bag filled with Ganja was weighed. Upon weighing the bag along with the Ganja, the total weight came to be approximately 7.800 kgs and the total stock was valued at Rs.3,905/-. Upon inquiring from the accused whether he had any pass or permit for possessing the Ganja, he had replied in the negative. Upon asking him as to from where he had obtained the Ganja and where he was to deliver it, he gave an evasive reply. Upon asking the auto-rickshaw driver about the accused and the narcotic substance, he stated that he had taken the passenger from Mithakhadi Ring Road, Kamela Darwaja in his rickshaw along with leather bag, but he did not know the contents thereof. He had assumed that the leather bag contained clothes and other articles and permitted him to sit in the rickshaw. The auto-rickshaw was thereafter handed over to the driver Akabar Khan.