VALJI HARJI DABASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is preferred under the provisions of Section 374 of the Code of Criminal Procedure, challenging the legality and validity of the judgment and order of conviction and sentence passed by the learned Special Judge, Kutchh-Bhuj, in Special Case No.113 of 1995, on 11th December, 2002, whereby the appellant-accused was charged and tried for the offence punishable under Section 27 and under Section 20 (B) of the Narcotics Drugs and Psychotropic Substance Act, 1985(herein after referred to as the "N.D.P.S. Act"). However, at the conclusion of the trial, the learned trial Judge was pleased to convict the appellant-accused for the charge of offence punishable under Section 20 (2) (A) of the N.D.P.S. Act and sentenced him to undergo three months rigorous imprisonment and to pay a fine of Rs.5,000/- and in default punishment is of one month simple imprisonment. The learned Judge has also given the benefit of set off.

(2.) To appreciate the rival contentions, firstly it would be beneficial to state the basic facts of the case which is mainly reflected in the charge framed at Exh.4 and same is reproduced herein below.

(3.) Mr.Ijaz Qureshi, learned Advocate appearing on behalf of Mr.S.A.Qureshi, learned Advocate for the appellant has taken this Court mainly the grounds of challenge as mentioned in memo of appeal and has submitted that judgment and order of conviction and sentence is bad in law and without appreciating the fact that mandatory requirements of Section 50 of the N.D.P.S. Act has not been complied with. He has submitted that total 17 Kg. of Ganja was allegedly found during the personal search carried out from the accused. He has submitted that basically the Police had received secret information that the accused is involved in the activity of selling foreign made liquor which is punishable under the Bombay Prohibition Act, but it appears that the Police had failed in recovery of any prohibited liquor from the accused and therefore he was falsely implicated in serious offence punishable under the N.D.P.S. Act. He has submitted that the Panchas have not supported the case of prosecution.