BHUPATJI SHAKARAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed by the appellant-convict under sub-sec. (2) of Sec. 374 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), read with Sec. 36B of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'the N.D.P.S. Act') against the judgment and conviction order dated 28-4-1997 recorded by the learned Addl. City Sessions Judge, Court No. 15, Ahmedabad City in Sessions Case No. 96 of 1996 under which the learned Judge convicted the present appellant for offence punishable under Secs. 21 and 22 of the N.D.P.S. Act, and sentenced him to suffer R.I. for 10 years. A fine of Rupees One lakh was also imposed by the learned trial Judge. In default of payment of fine, the appellant was required to undergo further imprisonment for one year.

(2.) The case of the prosecution before the trial Court was that on 10-12-1995, Police Inspector, K. C. Bava working in Crime Branch at Ahmedabad received an information that the present appellant wearing white shirt and black trouser was selling packets of brown sugar near the western edge of Ellisbridge, Opp. Bhikhabhai Park Gate, Ahmedabad. He therefore, called two persons as panchas in his office. The panchas were informed about the aforesaid information received by him. A preliminary panchnama was drawn wherein the said information was also reduced into writing. An entry was also made in the station diary about the said information, and thereafter, Mr. Bava, in company of his companion and panchas, went to the spot in a police vehicle.

(3.) At the place, regarding which the information was received, the present appellant was found sitting and selling certain packets. He had put on the clothes of the description of which information was received. Therefore, the Police Inspector and other police officials along with panchas went to the said person. At that point of time, the said person tried to run away on seeing the police, but the members of the raiding party could catch hold of the said person. An enquiry was made from the said person at which the said person disclosed that his name was Bhupatji Shakaraji Thakore. At that point of time. Police Inspector enquired from him as to he was willing to be searched in presence of a Magistrate, on which the reply given by him was that he was not willing to be searched in presence of a Magistrate. Thereafter, Mr. Bava carried out the search of his person in presence of panchas and during the course of the said search, contraband articles were found in 139 packets. Weighment was taken and it was found to be 7.5. kgs of brown sugar. The said muddamal article was seized and sealed in presence of panchas after following due procedure of law. The appellant was arrested, muddamal article and the appellant was presented to the concerned police station and Mr. Bava filed F.I.R. also.