IBRAHIM @ IBHALO KASAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred under section 374 of CrPC against the judgment and order passed by the Presiding Officer, 13th Fast Track Court, Gondal in Sessions Case No. 27/2005 by which the learned Judge has imposed the sentence of 10 years R/I and fine of Rs. 1,00,000/-, in default, further S/I for one year under section 8(c), 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short N.D.P.S. Act)

(2.) The short facts giving rise to the present appeal are as under:

(3.) As per the prosecution case, the PSI of Upleta Police Station Mr NJ Chudasama received information about absconding accused while on petrolling in connection with CR No. 9/2005 along with ASI Bharatsing Juvansing Zala, Police Constable Kuldipsinh Rana, Dipendrasinh, Dineshbhai Natwarlal and Police Inspector Shri KD Parmar. He, thereafter made necessary entry in the station diary. During the petrolling at about 1.00 O'clock in the night, he caught hold off one person found near the bus stand, at Upleta. On the search being carried out of the bag he was found in possession of Ganja. Two panch witnesses were immediately summoned by Police Constable Dipendrasinh and Dineshbhai. Thereafter, the search of the person of the accused was carried out but nothing was found from the clothes put on by him. However, when the search of the bag which was carried out by Shri Chudasama along with other police officers, ganja was found from the bag. The contraband article was thereafter weighed in the presence of panch witnesses. Shri Chudasama before carrying out the search of the person of the accused and his bag (thela), gave his identification and identification of other persons who accompanied him. The accused was also given an opportunity to have the search of the police officers who were present at the time of the raid. He was also given an option to have the search of his person in the presence of either Gazetted Officer or the Magistrate. The contraband article (ganja) when weighed in the presence of the panch witnesses it was found to be 3 kg and 600 grams worth Rs. 10,800/-. As the accused has committed the offence punishable under section 8(c), 20 and 29 of the NDPS Act he was immediately detained. The complaint in that regard was filed by Shri Chudasama and the offence was registered against the accused. Subsequently, the investigation was handed over to the PSI Shri Kishorsinh Ghanshyamsinh Zala. After completion of the investigation the charge-sheet was filed under the provisions of sec. 8(c), 20(b) and 29 of NDPS Act, 1985. The charge against the appellant has been framed vide ex. 5 on 7.6.2005 for the offence punishable under sec. 8(c), 20(b) and 29 of the NDPS Act, 1985 and the appellant pleaded not guilty to the charge levelled against him. In view of the aforesaid facts and circumstances of the case, the matter was set down for full-fledge trial before the sessions court.