NASIR GANIBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants above namaed have preferred this appeal under sub-section (2) of section 374 of the Code of Criminal Procedure, 1973 (for short, 'the Code') challenging the judgment and conviction order dated 5.10.1998 recorded by the learned Addl .Sessions Judge, Court No. 16, City Sessions Court, Ahmedabad in Session, case, No.294/97 under which the learned Trial Judge convicted the present appellants for offence punishable under section 21 of the Narcotic Drugs Psychotropic Substance Acts, 1985.(for short, 'the said Act'). However, both the appellants were convicted for the offence punishable under section 29 read with section 21 of the said Act.

(2.) In fact four accused persons faced trial in the aforesaid case. However, accused No.3 and 4 in the said sessions case were ordered to be acquitted from all the offence, for which they stood charged before the said court and therefore, the original accused No.1 and 2 have filed this appeal at appellants No.l and 2.

(3.) The facts of the case of the prosecution against the present appellant, may be briefly stated as followed. : That on 17.9.1997. Head Constable Abdulmajid Yasinkhan Pathan was present in his police station and he received an information that the first appellant was to cone to a particular place and was to sell narcotic drug to appellant No.2. Accordingly he conveyed the said information to Police Inspector Mr T A Barot. It is the case of the prosecution that the said infornation was reduced into writing by PSI Mr Barot and copy thereof was sent to his superior officer/ Assistant Commissioner of Police Mr N R Parmar. Thereafter, an entry was also made in the police station diary being entry no.6 of 1997. Pancha, were invited and all of then proceeded to the place in respect of which the information was received.