POPATBHAI DAHYABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused has filed this appeal under Section -374(2) of the Criminal Procedure Code against the judgment and order dated 22.10.2003 passed by the learned Special Judge, 1st Fast Track Court, Jamnagar, whereby the appellant original accused was convicted for an offence under Section -20(a)(i) read with Section -20(b)(ii)C of Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'NDPS Act') and was sentenced for the R.I of 10 years with fine of Rs.1 lac (Rupees One Lac Only) and, in default thereof, S.I of 1 year for the offence punishable under Section -20(a)(i) of the Act and RI for 10 years and fine of Rs.1 lac and in default thereof S.I of 1 year for the offence punishable under Section -20(b)(ii)C of the Act. The learned Special Judge has, however, held that both the sentences were run concurrently.

(2.) THE appeal was admitted by this Court on 10.8.2004. Since the appeal was preferred through jail it appears that no prayer for bail was made and hence it was not considered while admitting the appeal.

(3.) THE prosecution story in short is that : -