AJITSINH HAMIRSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under section 374(2) of the Code of Criminal Procedure, 1973 ('the Code' for short) filed by the appellant-original accused No.1 arises out of judgment and order dated 20.6.2015 passed by the learned Special Judge (N.D.P.S.), Kachchh-Bhuj in Special (N.D.P.S.) Case No.3 of 2011 whereby he was convicted and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.25,000/-, in default, to suffer further simple imprisonment for six months for the offence punishable under section 17 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act'). He was given set off for the period undergone in jail. Accused No.2 was acquitted of the charges levelled against him.

(2.) Facts, in nutshell, are that when Police InspectorL.C.B., Shri Gohil, was on duty on 18.7.2011 at about 14.45 hours at Naliya Police Station, he received secret information that a person was to deliver opium and therefore, after drawing preliminary panchnama, he along with other police personnel proceeded to the place of information and kept a watch there. At 15.40 hours, when described person as per the secretion information(accused No.1 herein) was found with motor cycle, his search was carried out and opium weighing 395 gm hidden inside the banian on the open left side pocket was seized and therefore, complaint came to be registered as NDPS C.R.No.1 of 2011 at Naliya Police Station.

(3.) Heard learned advocate, Mr.A.M.Dagli, for the appellant-original accused No.1 and learned APP, Mr.K.L.Pandya for the respondent-State.