BHAVESHGIRI BALWANTGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under section 374 of the Code of Criminal Procedure, 1973 filed by the appellants -original accused Nos.1 and 2 arises out of judgment and order dated 5.10.2011 passed by the learned Special Judge and Additional Sessions Judge, Jamnagar, in Special NDPS Case No.2 of 2010 whereby they were 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 punishable under section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act').

(2.) Facts, in nutshell, are that the accused were found selling contraband article 'ganja' weighing about 3 kg and 400 gm and therefore, FIR came to be registered as C.R.No.I -86 of 2010 at Jamnagar 'B' Division Police Station for the offence punishable under sections 20(B) and 20(C) of the NDPS Act. In pursuance of the said complaint, investigation started and as there appeared prima facie case against the accused, charge sheet was filed against the accused persons. As the offence was triable exclusively by the Court of Sessions, the learned Magistrate committed the cases to the Court of Sessions. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Hence, the prosecution was asked to prove the guilt against the accused. To prove the case, the prosecution examined ten witnesses and produced and relied on several documentary evidence numbering 27. After filing of closing pursis by the prosecution, further statements of accused under Sec.313 of Cr.P.C. were recorded wherein they pleaded that false case has been filed against them. On conclusion of trial and upon hearing the learned advocates appearing for the respective parties, impugned judgment and order, as aforesaid in the earlier part of this judgement, was delivered by the trial court giving rise to the present appeal.

(3.) Heard learned advocate, Mr.Yash Joshi, for the appellants -original accused Nos.1 and 2 and learned APP, Mr.K.L.Pandya for the respondent -State.