BAVAJI GUNVANTDAS MADHAVDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. A.M. Dagli, learned advocate for the appellant - original accused and Ms. D.S. Pandit, learned A.P.P for the State.

(2.) The appellant is a original accused of Sessions Case (N.D.P.S.) No.116 of 1994 and he has challenged the legality and validity of the judgment and order of conviction and sentence passed by learned Additional Sessions Judge, Rajkot on 3.5.3002. The learned Trial Judge found that the accused is guilty for the offence punishable under Section - 20 (A) (i) of the Narcotic Drugs & Psychotropic Substance Act (hereinafter referred to as " The Act") and also for the offence punishable under Section 20 (B) (ii) of the said Act. The accused is sentenced to undergo R.I. for five years for the offence punishable under Section 20 (A) (i) and to pay a fine of Rs.25,000/- and in-default, punishment imposed is of one year R.I. The similar quantum of punishment i.e. R.I. for five years and a fine of Rs.25,000/- is imposed for the offence punishable under Section 20 (B) (ii) of the Act and in-default punishment imposed is also of one year R.I.

(3.) Mr. A.M. Dagli, learned advocate has taken me through the judgment and order of conviction and sentence, and also through the evidence led by the prosecution witnesses examined, including the complainant and the police personnel, who were the members of raiding party.