RAMDHARISING BHAMDARSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal, which is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), is directed against the judgement and order dated 30.11.2000 passed by the learned Additional Sessions Judge, Court No. 2, Ahmedabad, in Sessions Case No. 164 of 2000 by which Ramdharising Bhamdarsing Yadav, original accused, appellant herein, is convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") and punished with rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- (Rupees one lakh). It is also stipulated that if the accused fails to pay fine of Rs. 1,00,000/-, he should further undergo six months' rigorous imprisonment. The learned trial Judge has thereafter passed order regarding disposal of muddamal after the period of appeal. As the accused was in jail (at the time of conviction), the learned trial Judge has also given set off for the period for which he was already in jail.

(2.) The relevant facts giving rise to this appeal are as under:

(3.) The appeal was notified before this Court for final hearing and the learned advocate Ms. Shilpa Unwala has mentioned that the accused is of 97 years old and therefore a little priority may be given to the matter and therefore this Court has given priority to the matter and that is why the matter has been heard by this Court.