USMANBHAI CHANDBHAI MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant who was an accused in Sessions Case No. 358 of 1995 before the learned Additional City Sessions Judge, Court No. 9, Ahmedabad, has, by preferring this appeal under Sec. 374(2) of the Criminal Procedure Code, 1973 (for short "Cr.P.C.") read with Sec. 36B of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the "N.D.P.S. Act"), challenged the correctness and legality and validity of judgment Exh. 52 dated 11th September, 1997 rendered in Sessions Case No. 358 of 1995 by which the appellant has been convicted of the offences punishable under Sec. 120B of the Indian Penal Code and also under Sec. 20(b)(ii) read with Sec. 29 of the N.D.P.S. Act and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine, to undergo further Rigorous Imprisonment for one year for the offence committed by him under Sec. 20(b) of the N.D.P.S. Act. The learned Judge of the trial Court has not inflicted any separate sentence for the offences punishable under Sec. 120B of the Indian Penal Code and under Sec. 29 of the N.D.P.S. Act.

(2.) The facts leading to the present appeal in a nutshell are as follows :-

(3.) The learned Additional City Sessions Judge, Court No. 3, Ahmedabad took cognizance of the offence on said complaint, as a result of which the said complaint came to be registered as Sessions Case No. 358 of 1995 and summons was served on the appellant. The appellant appeared before the learned Additional City Sessions Judge, Court No. 3, Ahmedabad with his Advocate on 15-11-1995. The learned Additional City Sessions Judge, Court No. 3, Ahmedabad, on the basis of material on record, framed charge Exh. 6 on 7-2-1996 for offences punishable under Sees. 120B, I.P.C. and also under Sec. 20(b)(ii) read with Sec. 29 of the N.D.P.S. Act. On recording plea of the appellant, he pleaded not guilty to the charge and claimed to be tried.