TUNNA RADHESHAYM DUBE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-orig.accused (hereinafter referred to as 'the appellant') has preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973, challening the judgment and order of conviction and sentence dated 13th January 2004 passed by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court No.1, Bharuch, in Special N.D.P.S. Case No.5 of 2002, whereby the learned trial Judge has held the appellant guilty for the charge of offences punishable under Section 8(C) and 20(B) of the Narcotics, Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for five years and a fine of Rs.50,000/- and in default of making payment of fine, the appellant is ordered to undergo simple imprisonment for six months.

(2.) The charge against the appellant has been framed on the strength of the complaint registered by Dahej Police of District Bharuch being C.R.No.II-31 of 2002, which interalia reads as under :

(3.) As per the say of the prosecution, on the information received and recorded by the police, the members of the raiding party were waiting for arrival of the appellant. The description of the appellant was also given to the police by the informant and also as to the quantum of Ganja which was being carried by the appellant. Ultimately, the information was found correct and the appellant was intercepted and thereafter, searched. He was found in a conscious possession of 1800 grams of Ganja and some amount to the tune of Rs.2120/- in cash. The basic facts have been proved by the prosecution witnesses and mainly by Sabarsinh Vaghubhai Sagor-complainant PW-8, the Police Sub Inspector of Dahej Police Station, who has been examined vide Ex.50. The complaint is at Ex.44. The panchnama of search and seizure is also proved by the Shri Maheshchandra Mathurbhai Patel, Circle Police Inspector, PW-7 who has been examined vide Ex.43. The other witnesses have corroborated the say of the complainant PW-8 and the said PW-7 Circle Police Inspector. PW-3 Ambalal Babubhai Soni has proved that he was called at the Dahej Police Chowki by the Police and he had weighed the muddamal Ganja recovered from the appellant. According to this witness, the person who had come out of the bus was intercepted and from him the muddamal Ganja was recovered. Meaning thereby, the police witnesses are supported by the independent witnesses. The photographs of each important procedure were taken by the Police and they have been produced and proved during the course of trial.