KANUBHAI HAMIRBHAI DHANDHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused No.1 has filed this appeal against the judgment and order of the learned Additional Sessions Judge, Gondal dated 27.9.2000 in Sessions Case No.95 of 2000 (Old Sessions Case No.247 of 1998) convicting the present appellant / original accused No.1 for the offence punishable under Sections-18 and 29 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 and in default thereof to undergo S.I for six months.

(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.) The combing operation was carried out within the limit of Bhadla Police Station of Jasdan Taluka between 12.9.1998 at 11:00 a.m. To 13.9.1998 at 6:00 a.m., as per the direction of District Superintendent of Police (D.S.P.) Rajkot (Rural). P.S.I. Mr.R.S.Zala, in the company of Head Constable Mr.Juvansinh, Head Constable Mr.Rambhai, Police Constable - Mr.Jasubhai and Police Constable Mr.Sejpalsinh, has checked Dahisara Bus Station within the area of Bhadla Police Station on 13.9.1998 at about 2:00 a.m and at that time, P.S.I Mr.R.S.Zala received an information that accused No.1 Manubhai Hamirbhai was engaged in the illegal business of distilling country made liquor and of selling the same at his residence. On receiving such information, two panchas were called and raid was carried out at about 2:30 a.m on 13.9.1998 by P.S.I Mr.R.S.Zala. The present appellant original accused No.1 was found to be present in the residential house and on interrogation, he was found to be under the influence of alcohol and, therefore, he had been arrested for the offence punishable under Section-66(1)(b) of Bombay Prohibition Act in the presence of panch witnesses at about 2:45 a.m and thereupon, a complaint for the said offence was lodged by P.S.I Mr.R.S.Zala at about 3:10 a.m in Bhadla Police Station and accordingly, C.R. No.5011/1998 was registered against the present appellant original accused No.1 Kanubhai Hamirbhai of village Dahisara in Bhadla Police Station.