MOHMAD JAHANGIRKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This appeal by the appellant-convict Mohmad Jahangirkhan Pathan, is directed against the impugned judgment and order dated 29-12-1992, rendered in Sessions Case No. 26 of 1989 by the learned Additional Sessions Judge, Mehsana, wherein he at the end of trial on coming to be convicted for the alleged offence punishable under Sec. 20(b) (ii) of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (for short "Narcotic Act"), was sentenced to undergo R.I. for 10 years and to pay fine of Rs. 1 lac and in default, to undergo further R.I. for six months.

(2.) . The prosecution case as per the evidence of B. S. Nathani (P.W.-2, Exh.-13) P.S.I. Mehsana Police Station, is to the effect that on 23-11-1987 when he alongwith Police Constable Hathising Khemchand [P.W.-l, Exh.-7] and others (not examined) and two Panch witnesses were going for the prohibition raid, he received information that one person was selling "Charas" on the public road near 'Takdir Pan House'. On this tip off, he alongwith the raiding party at once proceeded to the alleged place of offence where on seeing them, one person started running away. He was immediately caught hold of and on taking search of his person, six small pills of 'Charas' weighing about 5 grams valued at Rs. 6.00 and currency notes of Rs. 18.00 were recovered from the pocket of his shirt. On interrogation, he revealed his name as Mohmad Jahangir and on demanding the pass or permit for the said muddamal, he could not produce the same. Thereafter, the said muddamal was seized and wrapped-up in a packet and was sealed in the presence of two Panchas and the Panchnama Exh. 15 was drawn accordingly. Thereafter, appellant came to be arrested and a complaint Exh. 14 was filed against him for the alleged offence punishable under Sec. 20(b)(ii) of the Narcotics Act before P.S.I.-Mehsana [name not legible]. Subsequently on receipt of the Public Analyst Report [Exh. 17] to the effect that the muddamal was 'charas' the appellant came to be charge-sheeted for the aforesaid alleged offence to stand trial before the Sessions Court at Mehsana.

(3.) . At trial, the appellant pleaded not guilty and claimed to be tried. The trial Court after duly appreciating the prosecution evidence brought on the record, even though Pancbas did not support the prosecution, accepting the evidence of P.S.I.-Nathani, and Police Constable-Hathising convicted and sentenced the appellant as stated above in para-1 of this judgment, giving rise to the present appeal.