RAJESHWARSING NATTHUSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant / original accused has filed this appeal against the judgment and order of the learned Additional Sessions Judge, Rajkot dated 15.12.1998 rendered in Sessions Case no. 44 of 1998 convicting the present appellant / original accused for the offence punishable under Section 22 of the Narcotic Drugs & Psychotropic Substances, Act, 1985 (hereinafter referred to "as the Act") and sentencing him to suffer RI of 10 years and fine of Rs.1,00,000/- and in default thereof to undergo SI for 1 year.

(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.) Ms. Sadhana Sagar, learned advocate appearing for the appellant has submitted that the learned Additional Sessions Judge, Rajkot has committed an error on the face of the record by convicting the appellant / accused for the offence punishable under Section 22 of the Act. The learned Additional Sessions Judge, Rajkot has misdirected himself in appreciating the evidence placed on record. The learned Additional Sessions Judge, recorded the findings which are not based on the evidence on record. The learned Sessions Judge should have appreciated the evidence and should have also held that the prosecution has failed to prove the offence against the accused beyond reasonable doubt. The learned Additional Sessions Judge has failed to consider the mandatory provisions of Sections 42, 50, 52, 55 and 57 of the Act. She has further submitted that there was a doubtful version of the prosecution and hence the conviction based on FSL report is required to be quashed and set aside. The substance found from the appellant / accused was not a substance covered by the provisions of the Act and hence it was wrongly considered as charas by the learned Additional Sessions Judge, Rajkot.