LAWS(GJH)-2004-1-14

LAXMAN BAPU SONAR Vs. STATE OF GUJARAT

Decided On January 19, 2004
LAXMAN BAPU SONAR Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Both the appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973, are directed against common judgment dated March 16, 1999, rendered by the learned Additional City Sessions Judge, Court No.18, Ahmedabad, in Sessions Case No. 56 of 1998 and Sessions Case No.57 of 1998, by which, the appellants are convicted of the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) as well as of the offence punishable under Section 379 read with 114 of the Indian Penal Code, and sentenced to suffer R.I. for ten years and fine of Rs.1 lakh, in default, S.I. for six months for commission of offence punishable under Section 22 of the NDPS Act, as well as R.I. for three years and fine of Rs.3000, in default, S.I. for one month for commission of offences punishable under Section 379 read with 114 of the Indian Penal Code. It may be stated that the learned Additional City Sessions Judge has directed that substantial sentences imposed on the appellants shall run concurrently.

(2.) As both the Sessions Cases were tried at one trial and disposed of by common judgment dated March 16, 1999, this Court proposes to dispose of both the appeals by this common judgment.

(3.) In or about October 1997, one Sanjaykumar Ramchandra Shah was residing at village Khavdi and was working with Reliance Company. On October 25, 1997, he had come to Ahmedabad Railway Station from Rajkot for boarding a train for Bihar, which is his native State. He had a suit-case with him, wherein, he had kept Rs.7500, whereas in one of the pockets of his pant, he had kept Rs.2500 and in another a sum of Rs.700. He was sitting in a caravansary located outside the Ahmedabad Railway Station. At that time, one person had approached him and enquired about as to where he was going. Thereupon, Sanjay Shah had replied that he was going to Bihar. The man, who was making enquiry, had told Sanjay Shah that he was going to Mogalsarai. Thereafter, the said person had invited Sanjay Shah to take tea and both of them had taken tea from a nearby stall. After taking tea, the person, who was making enquiry with Sanjay Shah, had asked Sanjay Shah to wait for a while and had come back with biscuits. The person, who was making enquiries, had persuaded Sanjay Shah to eat biscuits. On eating biscuits, Sanjay Shah had lost consciousness. When he had regained consciousness, it was found by him that his suit-case was open and neither in the suitcase nor in his pockets, there was any cash amount. The person, who had given him biscuits to eat, was also not present. Therefore, he had gone to Ahmedabad Railway Police Station for lodging a complaint. At the time when he had gone to lodge the complaint, he was feeling giddy and, therefore, was sent to the hospital for treatment from the police station. Once he was in complete control of his senses, his complaint was recorded on October 27, 1997. In the complaint, it was mentioned that, when the person making enquiries with him had given biscuits to eat, another person was loitering around and keeping a watch over him. The complaint lodged by Sanjay Shah was registered as C.R. No.I-333 of 1997 for the offences punishable under Sections 328 and 394 of the Indian Penal Code. The complaint lodged by Sanjay Shah was handed over to Police Sub-inspector, Mr. Rana, for investigation.