SUBHASHBHAI STEVAN CHIRSTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant and one Ahmed Hussain @ Hakko Alauddin Ghanchi faced trial for offences punishable u/s.8(C), 20(B) and 29 as also Section 31 of the Narcotic Drugs and Psychotropic Substances Act (for short, "the NDPS Act") in NDPS Case No.01 of 2008 in the Court of learned Special Judge & Presiding Officer, Fast Track Court No.3, Vadodara. By the impugned judgment and order of sentence dated 13.08.2009, the appellant is directed to suffer RI for 10 years and to pay fine of Rs.50,000/and I.D. S.I for 02 years for offences punishable u/s.8(C), 20(B) and 29 of the NDPS Act while he is directed to suffer RI for 05 years and to pay fine of Rs.50,000/and I.D. S.I. for 01 year for offence punishable u/s.31 of the NDPS Act. The other coaccused person came to be acquitted.

(2.) THE brief facts of the prosecution case against the appellant and the coaccused are that on 18.12.2007 the appellant took Rs.1600/from the coaccused Ahmed Hussain @ Hakko Alauddin Ghanchi for bringing 'Ganja' from Andhra Pradesh and on 28.12.2007 the appellant was caught with 7.406 kgs of 'Ganja' from Vadodara Railway Station, Gate No.2 and thereby, committed an offence u/s.8(C), 20(B) and 29 of the Act. Moreover, the appellant was also previously convicted in connection with complaint being C.R. No.5015/2000 registered with Astodia Police Station and was directed to suffer imprisonment for 04 years and to pay fine of Rs.10,000/and I.D. S.I. for 06 months and thereby, had committed the offence punishable u/s.31 of the NDPS Act. The offence vide C.R. No.II3414/ 2007 came to be registered with Vadodara Railway Police Station in connection with this incident.

(3.) THE investigation was taken up and after usual investigation, charge sheet came to be filed against the appellant and the coaccused. The offence committed by the appellant was exclusively triable by the Court of Sessions and therefore, the learned Magistrate committed the case to the Sessions Court at Vadodara u/s.209 of the Code, where it was registered as Sessions Case No.01 of 2008. Charge came to be framed against the appellant and coaccused. Both the appellant and coaccused pleaded not guilty and claimed to be tried.