JIVABHAI BHAYABHAI KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is against the order of conviction and sentence passed dated 24/4/2002 by the learned Sessions Judge, Rajkot in Special N.D.P.S. Case No.13 of 2001, whereby the learned Judge was pleased to convict the appellant- original accused No.1 for the offence punishable under Section 15 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the N.D.P.S. Act). The learned Judge while convicting the accused imposed six months rigorous imprisonment and a fine of Rs.200/-, in default, to undergo seven days simple imprisonment. The learned Judge acquitted the original accused No.2-Akbarbhai Rasulbhai Travadi from the charges punishable under Sections 26 and 29 of the N.D.P.S. Act.

(2.) The order of conviction and sentence is assailed on various grounds mentioned in paragraph No.2 of the memo of appeal and it is argued that the order of conviction and sentence is bad, erroneous and deserves to be quashed and set aside. It is prayed that the accused be acquitted from the charges levelled against him.

(3.) I have heard Mr.M.J.Buddhbhatti, learned Counsel appearing for the appellant and learned Addl. Public Prosecutor, Mr.Desai at length and they have taken me through the relevant part of the oral as well as documentary evidence led during the trial.