BHAGWANBHAI RUPSINH GOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The appellant-original accused being aggrieved by an order of conviction and sentence recorded against him under the provisions of Section 66A of the Bombay Prohibition Act (hereinafter referred to as the Prohibition Act) and under Section 17 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the NDPS Act) on 29 August 1989 whereby appellant is ordered to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lakh (in default of fine R1 for two years) under NDPS Act has preferred this appeal.

(2.) . The short facts as emerges from the prosecution case are as under 2.1 On 15th October 1986 Police Inspector Borse (PW3) of Prohibition Squad received an information that the accused residing at village Kadol is storing and dealing in opium where ordinarily cattles are being tethered. PI Borse reached the place with PSI Bharwad (PW4) Police Constable Gadhavi (PW5) Head Constable Kadve (PW6) and Constable Jethwa (PW7). Kanjibhai (PW1) and Amarsinhbhai (PW2) were called to assist the investigating agency as panchas. Substance of the information was explained to them and thereafter the aforesaid police officers in the presence of panchas carried out the raid. The appellant was found sitting in one of the rooms. In the said room beneath the floor Opium weighing 44 kgs was hidden and the same was dug out. From the panchnama it transpires that Opium was filled in plastic bags. In all 21 packets containing opium were recovered weighing about 44 kgs the value of which was Rs. 1 32 0 From each packet in all about 200 grams of Opium was collected in one separate tin for chemical examination and the rest of the quantity was stored in three different containers which were also sealed. All these containers including the sample were pasted with the slips bearing signatures of panchas and seal of Police Inspector was also affixed. The sample was forwarded to the office of Forensic Science Laboratory for analysis and report of which was received by the Laboratory on 29-11-1986. On 1 the process of analysis commenced and ultimately report was prepared on 30th July 1987 which was forwarded to the investigating officer. On receipt of the report and after completing the investigation charge-sheet was filed in the court of Additional Sessions Judge Ahmedabad (Rural). The learned Additional Sessions Judge framed charge vide Exh. 3 which was read over and explained to the appellant accused who pleaded not guilty to the charge and claimed to be tried. 2.3 On behalf of the prosecution in all 10 witnesses were examined including the officer referred to hereinabove panchas investigating officer expert and Talati-Cum-Mantri. Learned Additional Sessions Judge on appreciation of evidence statement of accused recorded under Section 313 of Criminal Procedure Code and the submissions of the learned Advocates arrived at a conclusion that the appellant is guilty and convicted him by an order dated 29th August 1989 and after hearing the accused on the question of sentence passed the order of sentence as aforesaid. This appeal is directed against the aforesaid order of conviction and sentence.

(3.) . This Court (Coram: R. J. Shah & K. J. Vaidya JJ.) on 7th October 1989 for the reasons recorded in the said order released the accused-appellant on bail and the appellant is on bail.