ISMAIL ADAM MITHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 133 of 2000 under Section 374 of the Code of Criminal Procedure ('the Code' for short) is directed against the judgment and order of conviction and sentence dated 4-2-2000 passed against the present appellant by the District and Sessions Judge, Bharuch, in Sessions Case No. 145 of 1995 whereby the appellant Ismail Adam Mitha (Tailor) @ Deka, resident of Sitpon, Taluka and District Bharuch, has been convicted for the charge under Section 21 read with Section 22 of the Narcotic Drugs and : Psychotropic Substances Act ('the Act' for short) and sentenced to suffer 11 years R.I. with fine of Rs.2.00 lakh in default to suffer two and half years more R.I.

(2.) Criminal Appeal No.248 of 2000 under Section 378 (1)(3) of the Code preferred by the State of Gujarat is directed against the judgment and order of acquittal dated 4-2-2000 passed by the District and Sessions Judge, Bharuch, in Sessions Case No. 145 of 1995 whereby the original accused No.2-Aminaben, wife of Ismail Adam Mitha (Tailor) @ Deka and the original accused No.5-Ibrahim: Malangminya Shaikh were acquitted of the charges levelled against them. However, no appeal was preferred against the judgment and order of acquittal passed against the original accused Nos.3,4 and 6.

(3.) Initially, while admitting the appeals, this Court (Coram: M.S.Parikh & H.H.Mehta,JJ) vide order dated 21-2-2000 directed for expedite hearing of the appeals. Thereafter, this Court (Coram: D.K.Trivedi & M.S.ShahJJ.) vide order dated 19-9- 2003 passed in Cri.Misc.Appln.No.7143 of 2003 in Criminal Appeal No. 133 of 2000 ordered for hearing of both these appeals together.