SUKANT PARSHURAM BIRO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1230/2007 has been preferred by the appellant - ori. Accused no. 2 and Criminal Appeal No. 1262/2007 has preferred by the appellant ori. Accused no. 1 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 19.9.2007 passed by the learned Special Judge, Bharuch in Special N.D.P.S. Case No. 1/2006, whereby, the learned Judge has convicted the appellants under sec.8(C) read with section 20(b)(ii)(c) and under sec. 29 of NDPS Act and sentenced to undergo R/I for 11 years and to pay a fine of Rs. 1,00,000/ - in default, to undergo further imprisonment of four years, which is impugned in this appeal.

(2.) 1 The brief facts of the prosecution case is that on 16.1.2006, at about 4.15p.m. Witness Zakir Husen Basirbhai was checking the tickets of the passengers at Ankleshwar railway station, at that time, both the appellants have come there with two bags.On asking the tickets, the appellants have the tickets from Vijaywada to Surat. Since the appellants have not tickets from Surat to Ankleshwar, the witness asked to pay fine for it. Since appellants have no money, the accused no. 2 had gone out to bring money and accused no. 1 had remained there. At that time, police personnel came there and on inquiry by the police, the accused no. 1 had told that ganja is there in the bag. Therefore, as per mandatory provisions, on search and seizure being made, quantity of 36.476 grams ganja was found from their possession and thereafter, panchas were called and followed the necessary procedure of law.

(3.) THEREAFTER , after examining the witnesses, further statement of the appellant -accused under sec. 313 of CrPC was recorded in which the appellants -accused has denied the case of the prosecution.