BHAGABHAI BHIKHABHAI RABARI 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, Banaskantha at Palanpur dated 12.10.1999 rendered in Special Case No. 74 of 1998 convicting the present appellant accused No. 1 along with original accused No. 2 for the offences punishable under Sections 17 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the Act') and sentencing them to suffer R.I for a period of 10 years and fine of Rs.1 lac each and in default thereof to undergo S.I for 2 years. The appellant original accused No. 1 along with accused No. 2 were also convicted for offences punishable under Section 29 of the Act and sentenced to suffer R.I. for a period of 10 years with fine of Rs.1 Lac and in default thereof, to undergo S.I. for two years. Both these substantive sentences were ordered to run concurrently.

(2.) Original accused No. 2 has filed Criminal Appeal No. 1108 of 1999 and the said appeal came to be decided by this Court vide its judgment and order dated 24.04.2002 whereby the judgment and order of the learned Additional Sessions Judge, Banaskantha at Palanpur dated 12.10.1999 rendered in Special Case No. 74 of 1998 qua accused No. 2 was quashed and set aside and he was ordered to be set at liberty forthwith if his presence was not required in any other case.

(3.) Since the present appellant original accused No. 1 was absconding on the date when the impugned judgment and order was passed, he could not file appeal challenging the order of conviction and sentence. The present appeal was filed by him only after he surrendered himself to the jail authorities.