RAMAKANT GOPALSHARAN SHAHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has been convicted by the learned Addl. Sessions Judge, Bharuch and 4th Fast Track Judge, Rajpipla, in Special NDPS Case No.4 of 2002 vide judgment and order dated 31-12-2003 for the offence under Sec.8(c) which is punishable under the provisions of Sec.20(b) of the Narcotic Drugs and Psychotropic Substances Act (`NDPS Act' for short) to undergo R.I. for 10 years and a fine of Rs.1,00,000/- and in default, to undergo further R.I. for five years. Being aggrieved and dissatisfied, this appeal has been preferred through Central Jail, Vadodara.

(2.) When the appeal has come up for hearing, Mr.U.S.Brahmbhatt, who has been appointed as the counsel to appear on behalf of the appellant, has stated at the bar that he would restrict his arguments only on the point of sentence and, therefore, at the time of admission, the appeal was ordered to be placed on the final hearing board today.

(3.) The short facts are that Shri H.K.Rathod, P.I. of Rajpipla Police Station, received a secret information while on duty on 27-2-2002 that one Ramakant Gopalsaran Shahu of Village Kumas used to keep prohibition muddamal in his house and dealing in the same. On receipt of said information, he called the panchas and appraised them of the information. As they showed willingness to act as panchas, after preparing primary panchnama, he along with police personnel and panchas went to Amthela Outpost and covered the house of Ramakant Gopalsaran Shahu. The party introduced themselves to the said person and informed him regarding the secret information. On a search being conducted in his house, no prohibition muddamal was found. Upon further search, they found ganja hidden in the house enclosed in a rexin packet hanging on the wire meant for drying clothes. On opening the same, there found branches and leaves and on smelling, it was found to be ganja and, therefore, he called the weighing person. On weighing, it was found to be 1 Kg. and 300 gms. Out of that, 10 gms of ganja was taken as sample and it was properly sealed and put the slip signed by panchas and police as described in the panchnama. Panchnama to that effect was drawn there itself. Rest of the muddamal was kept in the rexin packet itself and slip signed by the panchas and police personnel was put on it. Thereafter, complaint was prepared and the accused along with the complaint, panchnama and muddamal was sent to Police Station for registering the offence where it was registered under the provisions of NDPS Act and accused was sent to judicial custody. Thereafter, further investigation was started. At the end of investigation and on receipt of report from FSL, charge-sheet was submitted and matter was transferred to the Court of learned Addl. Sessions Judge and Fast Track Court No.4, Bharuch, where charge was framed against the accused. As the accused pleaded not guilty to the charge and claimed to be tried, prosecution led oral evidence and produced and relied documentary evidence. On submission of closing purshis by the prosecution, learned Addl. Sessions Judge, Bharuch, recorded further statement of the accused under Sec.313 of the Code of Criminal procedure. After hearing the learned advocates appearing for the respective parties, the accused was convicted as aforesaid.