DEVKINANDAN BABULAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Instant appeal preferred under Section 274 (2) of the Criminal Procedure Code is directed against judgment dated December 29, 2001 rendered by the Additional Sessions Judge, Sabarkanta, at Himatnagar in NDPC Case No. 10 of 1999 whereby the learned Additional Sessions Judge has passed an order imposing sentence of RI for 10 years and fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default imprisonment of 1 year for commission of offence under Section 15 of the NDPS Act against each appellant.

(2.) The short facts giving rise to the present appeal are as under:

(3.) The appellants were arrested and produced before the Special Additional Sessions Judge, Sabarkanta. The charge against the appellants was framed vide Exh. 24 for the offence punishable under Section 15 of the NDPS Act and the appellants pleaded not guilty to the said charge and claimed to be tried. The prosecution has, therefore, examined the following witnesses to prove its case against the appellants: