SUSHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Appeal, the Appellant - original accused has felt aggrieved by the judgment and order of conviction and sentence dated 07.01.2012 passed by the learned Special Judge and 2nd Additional Sessions Judge, Jamnagar in Special NDPS Case No. 6/2009 whereby the appellant herein was convicted for the offences punishable under Sec. 20(B) the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to in short as 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1,00,000/ - and in default of payment of fine, rigorous imprisonment for one year. The appellant herein was also convicted under Sec. 22(B) of the NDPS Act and was sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1,00,000/ - and in default of payment of fine, rigorous imprisonment for two years.

(2.) The case of the prosecution is as under: -

(3.) Learned Advocate for the accused Mr. Yogendra Thakore has submitted that no evidence surfaces against the appellant herein and the panchas have also turned hostile. It is also submitted that the prosecution has examined all police witnesses and in absence of any independent evidence, the appellant is required to be acquitted. It is further submitted that a serious error has been committed by ordering the sentences to run separately. Further, he has placed reliance on the decision of the Hon'ble Apex Court in the case of Shantilal v/s. State of Madhya Pradesh reported in : 2007 (11) SCC 243 and has urged that atleast the default sentence should be reduced in the facts and circumstances of the case. Learned Advocate for the accused has also drawn our attention to the decision of this Court in the case of Subhashbhai Stevan Chirsti v/s. State of Gujarat reported in, 2014 JX(Guj) 694.