MANGILAL JAGMAL BISHNOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under section 374(2) of the Code of Criminal Procedure, 1973 filed by the appellant- original accused arises out of judgment and order dated 23.8.2016 passed by the learned Special Judge(NDPS), Gandhidham-Kachchh, in Special Case (NDPS) No.4 of 2012 whereby the appellant was convicted and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/-, in default, to suffer further rigorous imprisonment for two years for the offence under section 8(c), which is punishable under sections 17 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act' for short).

(2.) Facts, in nutshell, are that on a secret information having received on 9.5.2012 at 15.20 hours to the effect that one person namely, Mangilal Jagmal Bishnoi was selling contraband article 'opium' behind Natraj Hotel in a wooden cabin used by the appellant as a garage, a raid was conducted by the raiding party after following all required procedures, opium weighing 1 kg and 430 gm was seized and, therefore, FIR being Gandhidham 'A' Division Police Station N.D.P.S. C.R.No.2 of 2012 came to be lodged under the provisions of section 8(c), which is punishable under sections 17 and 29 of the NDPS Act. In pursuance of the said FIR, investigation started and as there appeared prima facie case against the accused, charge sheet was filed against the accused. As the offence was triable exclusively by the Special Court, the learned Magistrate committed the case to the Special Court.

(3.) Heard learned advocate, Mr.Madansingh O. Barod, for the appellant-original accused and learned APP, Mr.K.L.Pandya for the respondent-State.