DINESH @ BAKO @ IQBAL PRATAP. Vs. STATE OF GUJARAT.

JUDGEMENT

(1.) The appellant herein-original accused has preferred this appeal against the judgment and order of conviction and sentence dated 12-4-1990 passed by the learned Addl. Sessions Judge, Sabarkantha at Himatnagar, in Sessions Case No. 88 of 1989 whereby the appellant was convicted and sentenced to suffer R. I. for ten years and ordered to pay a fine of Rs. 1,00,000/-, in default to undergo further R. I. for three years for the offences under Section 66A of the Bombay Prohibition Act and also under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) The complainant-P.I. N. P. Rayjada has stated in the complaint that he received information on 2-9-1989 that the appellant was to come near Motipura Bombay Hotel from Ahmedabad in a taxi with a deshi tamancha and therefore, he called for Panchas. Accordingly, the appellant was found in a taxi and was asked to stop, however, the appellant tried to escape but was apprehended by the police and search was carried out. According to the prosecution 80 gms. of opium and Rs. 64/- were found from the person of the appellant. A Panchnama was prepared to that effect, the Muddammal opium was seized and sealed and was later on sent for chemical analysis. On receipt of the requisite report a charge-sheet was filed against the appellant before the learned J.M.F.C., Himatnagar, who in turn committed the case to the Court of Sessions.

(3.) The charge Exh. 4 was framed against the appellant to which the appellant pleaded not guilty, denied the charges levelled against him and claimed to be tried.