GANPATLAL MOHANLAL VISHNOY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is preferred against the order of conviction and sentence passed by the learned Special Judge, Banaskantha at Palanpur while concluding the trial of Special Case No.45 of 2001 on 14.2.2002.

(2.) As per the case of prosecution, the appellant accused was found in conscious possession of opium of 150 gms. inclusive of a small polyethylene bag in which it was carryied. As per the law the opium found from the possession of the appellant-accused was more than the small quantity {prescribed under the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act)} but less than the commercial quantity {prescribed under the NDPS Act) and therefore, he has been held guilty for the offence punishable under section 18(c) of the said Act.

(3.) The learned counsel for the parties have taken me through the reasons assigned by the learned Trial Judge for holding the appellant-accused guilty and imposing sentence for a period of five years and a fine of Rs.25,000.00. It is submitted by Mr. Surti that the amount of fine has been paid by the accused. TheTrial Court should verify the statement and payment made.