HARAKHLAL GANGARAM RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant -original accused No.1 has preferred this Appeal to challenge the judgment and order dated 31st July, 2006 in Sessions Case No.77 of 2004 passed by learned Additional Sessions Judge, Court No.7, Ahmedabad, whereby the appellant came to be convicted for the offence punishable under Section 20(b)(2) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985, and came to be sentenced with 10 years of imprisonment. He was further imposed fine of Rs.01,00,000/ - and in default to undergo simple imprisonment for two years.

(2.) It may be stated at the outset that in the Sessions Case No.77 of 2004, three persons were tried as accused. The other two accused were also convicted and came to be sentenced to six years of rigorous imprisonment and to pay fine of Rs.50,000/ - each, and in default to undergo simple imprisonment for one year. Accused Nos.2 and 3 preferred Criminal Appeal Nos.2252 of 2006 and 2334 of 2006. They culminated into common oral judgment dated 25th August, 2008 by this Court. This Court while upholding the conviction, reduced the sentence to four -and -half -years from six years and so far as default imprisonment clause for non -payment of fine was concerned, the Court directed that instead of simple imprisonment for one year, both the accused -appellants would undergo simple imprisonment for three months. It appears that the present Appeal of original accused No.1 was filed on 18th December, 2007 and was pending when the said common oral judgment in respect of said to accused was delivered. It further appears that for want of being informed about the pendency of the Appeal by the appellant herein, the Court recorded in the common judgment that the accused No.1 had not preferred any Appeal.

(3.) A mention of prosecution case in brief is relevant. A senior police officer of Saher Kotda Police Station, Ahmedabad received a secret information on 05th November, 2004 that two Hindi speaking persons of particular description were going to deliver quantity of contraband substance "charas" illegally and they were to pass from Amdupura -Chamunda bridge. The Assistant Commissioner of Police was intimated about the said secret information and on the basis of the information a raid was conducted in presence of Panchas. The appellant herein was nabbed. From the appellant -original accused No.1, 01.300 Kgs. Charas was found. The quantity found was between the "small quantity" being 1 kg. prescribed under Sections 42 and 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'NDPS Act') and "commercial quantity" being 20 kgs. Other two accused were also caught in the raid. They were found to be having 995 gms. and 835 gms. of charas respectively being the quantity less than the small quantity.