(1.) The appellants - accused have preferred these appeals under Sec. 374(2) of the Criminal Procedure Code, 1973 against the judgment and order of conviction dtd. 7/10/2019 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur at Ahmedabad (hereinafter be referred to as "the Trial Court") in NDPS Case Nos. 4 of 2016, 6 of 2016 and 2 of 2017, whereby present appellants have been convicted for the offence punishable under Ss. 25-A and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter be referred to as "the Act") and directed them to undergo sentence of rigorous imprisonment of ten years for the said offences with fine of Rs.1,00,000.00 each and in default of payment of fine, to undergo rigorous imprisonment for six months.
(2.) Present group of appeals is arising out of the common question of law and facts. In substance, learned advocates appearing for the respective parties have requested to deal with and decide the same conjointly and as such, considering the request and the joint submission, the Court has taken up the appeals for hearing by treating Criminal Appeal No.2328 of 2019 as a lead matter and for the sake of convenience, the facts are taken from the said appeal. So far as the lead matter, i.e. Criminal Appeal No.2328 of 2019, is concerned, same is arising from the following background of facts:-
(3.) After the registration of the F.I.R. against the aforesaid three accused persons the investigation was carried out for the offence by investigating officer Mr. M. H. Thakker. The statements of relevant witnesses including the members of the raiding party were recorded and the statement of the truck driver of truck no. GJ12AT 8544 namely, Rajendrasinh Parmar, was also recorded in which he disclosed that the recovered 55 bags were loaded by him from M.I.D.C., Chincholi, Solapur, Maharashtra which was loaded by one Bharatbhai who asked him to go and unload the same at Ahmedabad. The driver further stated that he unloaded this consignment at the 'shed' where he met accused Narendra Kacha and later on, he came to know that the accused Narendra Kacha has been arrested and those 55 bags have been seized by the police.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN