SIYARAM BATTIRAM RABDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the appellant original accused through jail, who was convicted under Section-8(c) read with Section-20(b)(ii) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the Act' and was ordered to suffer R.I for a period of 10 years and fine of Rs.1 lac and default thereof to undergo further S.I of 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.) It is the case of the prosecution that on 2.7.1999 P.W. No.3 - Mr.A.C.Patel, who was Senior Police Inspector in the Maninagar Police Station was standing near Zagda bridge for checking the vehicles, the accused was travelling in the auto rickshaw which was intercepted by the raiding party and on checking the bag which was in his possession, the contraband articles 'charas' were recovered from him. The appellant accused was asked as to whether he wanted to have the search to be carried out in the presence of Gazetted Officer or Magistrate and when he replied in the negative the search of his person was carried out. The officer of FSL was called to ascertain as to whether the contraband article was 'charas' which was recovered from the appellant - accused. After weighing the muddamal, the same was sent to FSL for detailed analysis. On weighing the muddamal, the same was found to the tune of 5 kg. 37 gms. And 400 ml.gms. The bush-shirt, pent and underwear which was found from the bag of the accused was recovered in the presence of panch witnesses and the panchnama to that effect was prepared. The other two persons who accompanied the accused, ran away from the Zagda bridge and inspite of the efforts made by the raiding party they could not be traced. Necessary entry was made in the station diary maintained at Maninagar Police Station on 2.7.1999. The complaint was given by Mr.A.C.Patel Senior Police Inspector on 2.7.1999 before the Maninagar Police Station. Thereafter, the offence was registered against the accused being Prohibition Case No.5100 of 1999 in the Maninagar Police Station. The report was prepared under Section-157 of the Criminal Procedure Code and the same was forwarded to the higher officer for necessary action.