JASHUBHAI HUKMAJI RAJPUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused has filed this appeal against the judgment and order of the learned Special Judge, Mehsana dated 29.8.2001 rendered in N.D.P.S. Case No. 8 of 2000 convicting the present appellant accused for the offences punishable under Sections 17 and 18 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to suffer R.I for a period of 10 years and fine of Rs.1 lac each and in default thereof to undergo R.I for 2 years.

(2.) The case of the prosecution as revealed in the complaint and as unfolded during the course of trial is briefly stated as under:-

(3.) Mr.B.M.Rajpura, Police Inspector, Kalol City Police Station has received an information on 20.9.2000 that one person, namely, Jashubhai Hukamji Rajpurohit handicapped by one leg was coming from Ambica Bus Stand towards Kalol Khuni Bungalow with opium. The said information was registered at Entry No.26 in Station Diary. It was kept in a sealed cover and was sent to Divisional Police Officer, Kalol and District Police Officer, Gandhinagar. Panchas were called and they have shown their willingness to come with raiding party. Mr.Rajpara alongwith Head Constable Somabhai, Mohanbhai and Prahladbhai Amthabhai as well as Police Constable Ishwarbhai Maganbhai, Jashubhai, Keshavlal and Manuji Becharji have introduced them to the panchas and on making search of person mutually, no obnoxious thing like opium was found. On making search of government jeep, no obnoxious thing was found. Panchas and persons of Police sat in the jeep taking things of raid such as plastic bag, cloth bag, thread, seal, wax etc, with themselves. Jeep driver was Police Constable Rameshbhai Sendhabhai. A preliminary panchnama dated 20.9.2000 from 16.20 hours to 16.35 hours regarding the same has been prepared in the police station. Panchas and police started in the government jeep from Police Station via Tower to Nandalal Chawk via Kapileshwar Shopping Centre and turned towards west and went ahead searching the accused person from police line upto Ambica bus stand, but he was found nowhere. There is a pakka road from Ambica bus stand to Ambica police line turning towards east to Navakar Apartment. They had turned towards the same place and on going towards East, they reached the southern gate of Sardar baugh during the search of the accused.