MITHUBHAI OSMANBHAI SUMRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants above named have preferred these two Criminal Appeals under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and conviction order dated 21st October, 1999, in Special Case No.169/94 under which the learned trial Judge convicted the two appellants for an offence punishable under Section 17 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as `the said Act'), and sentenced them to suffer R.I for 10 years. The appellants were also directed to pay fine of Rs.2/- lacs and in default of payment of fine they were required to undergo further imprisonment for three years. The trial Court has also convicted the two appellants for an offence punishable under Section 195 of the Indian Penal Code and sentenced them to suffer R.I. for 10 years. The trial court also directed that the substantive sentence be run concurrently.

(2.) The prosecution case against the appellants before the trial court may be briefly stated as follows:

(3.) Mr.B.D.Desai, learned APP has argued on the point that the concerned PSI was on patrolling duty and, therefore, he could not have reduced the said information into writing. It is difficult to agree with the said argument of the learned APP in view of the fact that the PSI has himself stated in so many words in para 1 of his examination in chief at Exh.13 that lastly he had gone to Chakla Police Chowky where the informant had conveyed the aforesaid information to him. It is clear that the PSI had received the information at the Chakla Police Chowky.