THAKARSHI NARANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant-appellant-original accused has filed this appeal through jail challenging the judgment and order dated 22.11.2004 of the learned 5th Fast Track Judge, Gondal, in Sessions Case No. 24 of 2001 convicting him under Sections 20(a) and 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentencing him to undergo R.I for 10 years and to pay fine of Rs. 1 lakh in default S.I for 1 year.

(2.) The appeal was admitted by this Court on 20.7.2006. At the time of admission of the appeal, it was noticed that the appellant has not applied for bail and hence an application was filed under Section-389(1) of the Criminal Procedure Code for regular bail. This Court has issued rule on this application on 21.8.2006.

(3.) At the time of hearing of the bail application Mr. B.S. Supehia, learned advocate appearing for the applicant-appellant has raised very substantive legal issue and hence the Court has thought it just and proper to decide the appeal itself instead of deciding the bail application. Accordingly the appeal is taken up for final hearing.