STATE OF GUJARAT Vs. JUMMABHAI HASANBHAI KESUR

JUDGEMENT

(1.) Criminal Appeal No. 844 of 2010, is preferred under section 377 of Code of Criminal Procedure, 1973, against the judgment and order of conviction dated 30.03.2010 passed in Special Case No. 1/2007, by learned Special Judge/Additional Sessions Judge and Presiding Officer, Fast Track Court, Veraval, whereby, the respondent is convicted of offences punishable under Sections 20(B)(ii)(C), 21(C) of the NDPS Act. At the end of the trial, the respondent is ordered to undergo 10 years simple imprisonment and payment of fine of Rs. 1,00,000/- in default thereto, further to undergo 1 year simple imprisonment and likewise similar sentence for the other offence.

(2.) Criminal Appeal No. 696 of 2010, is preferred by the appellant/convict/accused challenging the above verdict of convicting and sentencing him so recorded in earlier paragraph.

(3.) It appears from the record that Criminal Appeal No. 844/2010, preferred by the State of Gujarat for enhancement of the sentences under section 377 of the Code of Criminal Procedure, 1973, came to be admitted and was ordered to be heard with Criminal Appeal No. 696 of 2010, preferred by the convict challenging the conviction and sentence as above. However, criminal appeal (against conviction) No. 696 of 2010, was placed before learned single judge, without any details of criminal appeal No. 844 of 2010, preferred by the State of Gujarat for enhancement of the sentence and the judgment was pronounced on 20.07.2015, by which the impugned judgment came to be quashed and set aside. Further, on perusal of submissions dated 22.09.2015, made by Registry of this Court on administrative side, the Acting Chief Justice approved the submission and accordingly papers of criminal appeal (against conviction) No. 696 of 2010, were placed before learned single judge. Upon noticing parties concerned, the order dated 20.07.2015, came to be recalled on 28.09.2015 and thus both the appeals are now placed for final hearing and are heard accordingly.