HATHI ALIAS MANGALSINH RAMDAYALJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . One Hathi alias Mangaldas Ramdayalji was found with some posh na doda at Vadodara Railway Station, Platform No. 3 in the morning at about 5-30 a.m. of 7-5-1988 by P.S.I., I.C.B. Shri Budarbhai Narothambhai Chavda and member of his staff. About 15 kg. of posh na doda was found from his possession. Sample of about 100 gm. was taken. It was sent to Forensic Science Laboratory, Surat where Sr. Scientific Assistant-cum-Assistant Chemical Examiner to Government of Gujarat, Regional Forensic Science Laboratory, Surat found it to be fragments of poppy straw (posh doda) (poppy straw). He was therefore charge-sheeted and was committed to the Court of Sessions, Vadodara where the case against him was registered as Sessions Case No. 172 of 1988. He was tried and ultimately found guilty by the Additional Sessions Judge, Vadodara by his judgment and order dated 26-6-1989. The learned Judge held him guilty under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act') and awarded sentence of five years R.I. and a fine of Rs. 1.00 lakh in default two years R.I. He was also held guilty under Sec. 66(l)(b) of the Bombay Prohibition Act for which separate sentence was not awarded.

(2.) . Being aggrieved by the judgment and order he (Hathi alias Mangaldas Ramdayalji) has preferred Criminal Appeal No. 477 of 1989 while the State of Gujarat has also preferred a Criminal Appeal No. 496 of 1989 for enhancement of sentence. Both the appeals are admitted and placed for final hearing before us. As both the appeals arise from the common judgment they are disposed of by this common judgment.

(3.) . Heard Mr. Budhbhatti, learned Advocate for the accused and learned A. P. P. Shri S. P. Dave for the respondent-State.