BHIKHABHAI MULABHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal is directed against judgment and order dated 27.06.2008 passed by Additional Sessions Judge and Special Judge and Presiding Officer, 4th Fast Track Court, Junagadh, in Sessions (NDPS) Case No. 97 of 2006. Thereby, the appellantaccused came to be convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and came to be sentenced under Section 20(2)(C) to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/ and in default, to undergo simple imprisonment for 6 months.

(2.) THE case of the prosecution in brief is that the complainant police officer, with other police personnels accompanied by the Panchas and other witnesses conducted a raid upon receiving secret information. The raising party reached a farm in Divasa village, where the appellant was found to be present; in the field, the crops of cotton, groundnut were grown and it was detected that 37 plants of "Ganja" were also cultivated and grown in the field. The crops of "Ganja" were grown without any permission.

(3.) AFTER undergoing the necessary procedure, an offence under Section 20 of the NDPS Act was registered. The chargesheet was filed and the case was subsequently committed to the Court of Sessions. The appellantaccused was tried and thereafter, the case culminated into impugned judgment and order of conviction and sentence.