ABDUL SALAM YUSUF SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused - Abdul Salam Yusufbhai Shaikh of N.D.P.S. Case No.8/96 tried and decided by the learned Additional Sessions Judge, Valsad at Navsari (who will be referred to as 'the learned Judge of the trial court') has, by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.p.c.') read with Section 36-B of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the 'NDPS Act') challenged the correctness, legality, validity and propriety of judgment Exh.42 rendered on 30th December, 1998, in aforesaid NDPS Case No.8/96 by the learned Judge of the trial Court by which said accused came to be convicted under Section 235(2) of Cr.p.c. for offence punishable under Section 22 of the NDPS Act and he sentenced to undergo R.I. for 12 years and to pay a fine of Rupees One lakh, and in default of fine to undergo further imprisonment for one year.

(2.) The facts leading to this present appeal in a nutshell can be summarised as follows:

(3.) We have heard Shri B.S.Supehia, learned advocte who is appointed in Legal Aid by this Court for the appellant and Mr.K.C.Shah, learned APP for the respondent State in detail, at length. Mr.K.C.Shah has taken us through the entire evidence on record.