GOKLARAM JERUPARAMJI DHAKA VISHONOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Sub-section 2 of Section 374 of the Code of Criminal Procedure Code, 1973 (for short "the Code") in order to challenge the judgment and conviction order dated 30.01.2003 recorded by the learned Additional Sessions Judge, (Fast Track Court), Palanpur in Special Case no.58 of 2001 under which the Trial Court convicted the present appellant as well as the co-accused for the offence punishable under Section 18 read with Section 13 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced the present appellant to suffer R.I. For three years. The present appellant was further directed to pay fine of Rs.10,000=00 and in default of payment of fine, the present appellant was also directed to undergo further R.I. for six months.

(2.) The facts of the case of the prosecution against the present appellant before the trial Court may be briefly stated as follows :-

(3.) It has been mainly contended before this Court that there was no material before the trial court to hold that the present appellant was in conscious possession of the mudammal - opium and, therefore, the trial court committed serious illegality in convicting the appellant for the aforesaid offence. That therefore, the judgment and order of the trial court are illegal and erroneous and deserve to be set aside. That therefore, the present appeal may be allowed, the judgment and conviction order against the appellant may be set aside and the appellant may be held not guilty and may be acquitted of the aforesaid offence and he may be set at liberty forthwith.