VICKY KUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.9.2007 passed by the learned Special Judge, Fast Track Court No. 2, Vadodara in N.D.P.S. Case No. 6/2006, whereby, the learned Judge has convicted the appellant under sec.8(C) of NDPS Act and sentenced to undergo R/I for 12 years and to pay a fine of Rs. 1,00,000/- in default, to undergo further imprisonment of one year. which is impugned in this appeal.

(2.) 2.1 The brief facts of the prosecution case is that accused no. 2 had ordered for 'Ganja' on mobile phone to accused no. 1 and accused no. 1 had obtained 'ganja' from one Ramkishan Sitaram Sharma, resident of village Pirpaity, the appellant had boarded the train and came to Vadodara railway station and was sitting on the bench near "sulabh sauchalaya" on platform no. 1, on 4.4.2006, at about 10.55 O'clock. The Vadodara Railway Police cordoned the appellant on platform no. 1. On the basis of the information which they have received,the Police Inspector, LCB, Vadodara arranged for raid and the raid was carried out. In the raid, 20kg and 760 grams "ganja', in all six packets, were taken. The accused no. 1 has given his false identity as Vikkikumar Bharatsing. Unarmed Police Head Constable Badharsinh Maganbhai Buckle no. 1245, Vadodara Local Crime Branch, Western Railway and Police Constable Vijaysinh Pothubha, Police Constable Girvatsinh Shabhai have received an information that a person aged between 25 to 30 years, who is sitting on platform no. 1, on southern side near 'sulabh sauchalaya' wearing military colour dress, having bedding of military colour with one black colour cotton bag with 'ganja'. On such information, they cordoned him and entries were made in the police diary and search were made as per the provisions of law and panchas were called and followed the necessary procedure of law.

(3.) Thereafter, the charge was framed at Ex. 6 against the appellant. The appellant accused has pleaded not guilty and claimed to be tried.