ALKESHSHSHA BINESHWARISHA SHAVU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE conviction Appeal No.1067 of 2011 has been filed by the appellant original accused, under Section 374 of the Cr. P.C., against the Judgment and order dated 26.05.2011 passed by the learned Special Judge, (N.D.P.S.), Gandhinagar, in Special Case (N.D.P.S.) No. 1 of 2010, whereby the appellantaccused was convicted for the offence punishable under Section 8(c) and 20(b)(2) of the Narcotic Drugs and Psychotropic Substance Act and sentenced to undergo 8 years rigorous imprisonment with fine of Rs.80,000/, in default of payment of fine, further simple imprisonment of 6 months and was acquitted for the offence punishable under Section29 of the NDPS Act. Against the judgment and order of conviction as aforesaid, Criminal Appeal No.1056 of 2011 is filed by the State under Section377 of the Code of Criminal Procedure for enhancement of sentence awarded by the learned trial Judge.

(2.) ACCORDING to the prosecution case, on 15.02.2010, when complainant Shri H.M.Alsika, ATS Gujarat State was on duty at his office, Mr.Saiyed, Police Inspector gave an information that one person was coming at Adalaj Cross Road, near Jayambe Pan Parlour carrying contraband article in yellow colour bag, which he informed to superior officer noted down in the station diary vide entry No.8 of 2010.

(3.) ON the basis of above allegations, charge was framed against the appellantaccused vide Exh.13 and readover and explained to the appellantaccused for the offences punishable under Sections8( c), 20(b)(2) and 29 of the NDPS Act. Then plea was recorded vide Exh.14, wherein, appellantaccused pleaded not guilty to the charge and claimed to be tried.