RAJESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 22.06.2006 passed by learned Presiding Officer and Additional Sessions Judge, 6th Fast Track Court, Gondal camp at Jetpur, in Sessions Case No. 46 of 2005, whereby the appellant came to be convicted for the offences punishable under Sections 8 read with Sections 21(b) and 22(B) of the Narcotic Drugs Psychotropics Substance Act ("the NDPS Act" for short) and was sentenced for 10 years rigorous imprisonment and fine of Rs. 1,00,000 (Rupees One Lac) and in default, to undergo further 1 year simple imprisonment. The learned Judge has also passed an order that period that the appellant -accused spent in judicial custody, shall be given set off.

(2.) THE brief fact of the prosecution case is that one Mr. S.O. Vadher, Police Sub -Inspector, Jetpur Taluka Police Station, filed a complaint, inter alia, stating that on 05.05.2005 at 3:00 hours, he received an information that one Rajesh @ Ganga Thakor working as labourer in the Sarighat situated at the field of Jagabhai Bhambhar at Jetpur village was carrying intoxicating substances in his possession for sale. On receiving the said information, after calling the Police Inspector, Executive Magistrate and other police personnel and two panchas after following necessary procedures and preparing preliminary panchnama and making sure that none of the members of raiding party have any intoxicating substance in their possession, along with the members of raiding party, raided the aforesaid field. On seeing the police, the accused started running away and therefore, they caught the present appellant and after explaining and making him understand about the provisions of law, on searching the accused, below the pillow where he was sleeping a black color bag was found, wherein two packets of narcotic substance was found. Thereafter, in the presence of panchas weighing the same and it was found there was 980 grams narcotics substance. It further appears that the officer of the FSL authority was called and on examination of the said substance, the said officer declared it as Charas.

(3.) THE learned Judge after considering the evidence on record by both the sides, convicted the appellant for the offences punishable under Sections 8 and 22 of the NDPS Act, was sentenced as aforesaid.