MUNRUDDIN WAJIRUDDIN KAZI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short the 'Code') against the judgment and conviction order dated 7th December, 1998 recorded by the learned Additional Sessions Judge, Court No.25, City Civil and Sessions Court at Ahmedabad (for short 'the learned Judge') in Sessions Case No. 172 of 1997 in which the learned trial Judge found the present appellant guilty for the offences punishable under Sec.8 -C read with Sec.22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the said Act') and sentenced him to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs.1 Lac. in default of payment of fine, the appellant was required to suffer Simple Imprisonment for one year. The trial Court also directed that the muddamal article No.1 be destroyed and muddamal article No.2 be confiscated to the State.

(2.) THE facts of the case of the prosecution against the present appellant may be briefly stated as follows: - 2.1 On 26th May, 1997 at about 6 -15 p.m. original informant Mr. P.M.Jadav, Police Inspector of Narcotic Cell, C.I.D. (Crime), Gujarat State, was on duty and as such, he received an information that a person was to pass by the road opposite Odhav Fire Station with Narcotic drugs for the purpose of sale. The said Officer called two panchas and other staff members. They exchanged personal search and thereafter prepared a preliminary panchnama and occupied their position at the aforesaid place. The present appellant was found passing by the said road at about 5 -15 p.m. The informant gave a single. Therefore, the present appellant was stopped and inquiry was made about his identity. The Police Inspector Mr. Jadav introduced himself and also told him that the appellant was required to be searched and if the appellant wanted that he be searched in presence of a gazetted officer or a Magistrate, then necessary arrangement would be made to keep the said Officer present. A written intimation to that effect was also given to the appellant. It seems that the appellant agreed that he be searched by Mr. Jadav, and therefore, his personal search was carried out. It is the case of the prosecution that when search was carried out, a narcotic drug was found from the inner pocket of the pant put on by the appellant. The said drug was weighed in presence of panchas. It was sealed and even currency notes of Rs.20/ - found from the personal search of the appellant were also seized.

(3.) IN the meantime, it was noticed that as per the report of the F.S.L. the narcotic drug found from the appellant was heroin and therefore, the charge was appropriately amended and copy of the amended charge is is at P.37 of the Paper Book. The appellant pleaded not guilty to the said charge also, and therefore, evidence was recorded.