KALIKAPRASAD RAMSAHAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant ('the accused' for short) was tried by the learned Special Judge, Surendranagar, in NDPS Case No.1 of 2001 for commission of the offences punishable under Section 8 (c ) read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), arraigned on the charge of having found with contraband article 'charas' weighing 1 Kg. 710 grams, without pass or permit, when he was intercepted and apprehended at the Lane near "Shankar Timber Mart" near the house of Hirabhai Bharvad at Joravarnagar, Taluka Surendranagar, District Surendranagar, on the basis of the prior information received by P.W.6, Karshanbhai Jivanbhai Jadav, PSI. At the end of the trial, the accused was found guilty of the offences with which he was charged and as his complicity is proved, the trial court convicted him vide judgment and order dated 23.11.2001 for commission of the offences punishable under Section 8 (c ) read with Section 21 of the NDPS Act and sentenced him to suffer R.I. for ten years and fine of Rs.1 lakh i.d., R.I. for further period of two years.

(2.) AGGRIEVED by the aforesaid judgment and order of conviction and sentence, the accused has filed this appeal under Section 374 of the Code of Criminal Procedure ('the Code' for short).

(3.) BRIEFLY stated, the prosecution case as disclosed from the FIR and unfolded during trial, is as under: