RAMNIK DAMODAR ADHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants of both these appeals have challenged by preferring these two different appeals the legality and validity of the order of conviction and sentence passed by the learned Special and Additional Sessions Judge (Fast Track Court) Junagadh in Sessions Case No.116 of 2000. Two accused persons were charged for the offence punishable under Section 20(B)(1) of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter referred as SNDPS Act ). Both the accused, on conviction, are sentenced to undergo rigorous imprisonment for two and half years and to pay fine of Rs.2500/- (Rupees Two Thousand Five Hundred only) each. In the event of failure to pay the amount of fine, both the appellants are asked to undergo rigorous imprisonment for a month.

(2.) Mr. Nirav Thakkar, learned advocate for the appellant, has made submissions in the matter and Mr. N.N. Prajapati, learned advocate, appearing for the appellant, i.e. Umar Abdulla Sumra, has adopted the arguments advanced by Mr. Thakkar. As it is possible for this Court to deal with the appeals simultaneously and dispose of both these appeals by a common judgment, they are being decided by this judgment.

(3.) For brevity and convenience, I would like to quote the relevant part of the charge- Exh.1, that was framed against the appellants. Both the appellants, hereinafter, to be referred as SAccused . The charge framed by the learned Trial Judge is the gist of the case of the prosecution, which says that SOn 8.9.2000, at about 19.35 hrs. in the evening, you accused No.1 with an intention to sell ganja were standing in the circle chowk, near Ota. At that time, you accused No.2 with a view to purchase ganja from accused No.1 went to him and when were actually purchasing ganja, the police intercepted you both and you both were personally searched and during search, the police recovered amount of Rs.242/- alongwith 16 grams of ganja worth Rs.32/- and Rs. 210/- received through such sale and both of you were caught and thereby you both have committed offence punishable under Section 20(B)(2) and Section 22 of the NDPS Act, 1985 .