MUNAVAR @ GUDDU MOHMEDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellantaccused challenging his conviction and sentence awarded by the learned Special Judge, City Sessions Court, Ahmedabad, in Sessions Case No. 1/2008 by judgment and order dated 17.04.2009, by which the appellant has been convicted for the offences punishable under Section 29 r.w. Sections 8C and 21 of the NDPS Act and sentenced to suffer R.I for a period of ten years with a fine of Rs. 1,00,000/, in default of payment of fine, S.I for six months.

(2.) HEARD learned advocate Mr. R.M.Agrawal for the appellant and learned A.P.P. Mr. N.J.Shah for the respondentState.

(3.) LEARNED advocate Mr. Agrawal for the appellant draws the attention of the Court to the judgment rendered by this Court on 26.8.2013, in Criminal Appeal No. 955//2006, which is produced at AnnexureA in Criminal Misc. Application No. 17440/2013 filed by the present appellant, and submits that the appellant in Criminal Appeal No. 955/2006 was the principal accused; whereas the case of the prosecution, against the present appellant is only of abetment. In Criminal Appeal No. 955/2006, this Court has reduced sentence from 10 years to 5 years and also reduced the sentence of fine from Rs. 1,00,000/to Rs. 50,000/, in default, further imprisonment of four months. Relying on the judgment rendered in Criminal Appeal No. 955/2006, it was submitted that in the present case also the Court should reduce the sentence.