DASHRATHSINH SAMPATSINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THOUGH this Criminal Appeal is of 2006 it was taken up for final hearing pursuant to the order passed by this Court on 1.11.2006, whereby the appeal was admitted and expedited. At the time of admission of the appeal, Mr.R.M.Agrawal, learned advocate appearing for the appellant original accused has stated that he has prepared paper book consisting of relevant documents and oral evidence which he would produce at the time of final hearing. Since the record and proceeding were with the Court, the paper book was dispensed with and the registry was directed to place the matter for final hearing in the first week of February, 2007. In view of this order passed by the Court while admitting the appeal Mr.Agrawal has not pressed for bail application and it was accordingly disposed of. It is for this reason, present appeal is taken up for final hearing out of turn.

(2.) THE appellant original accused has filed this appeal under Section -374(2) of the Criminal Procedure Code, 1973 ( for short 'the Code') against the judgment and order of conviction and sentence dated 13.07.2006 rendered by the learned Special Judge, Fast Track Court No.3, Surendranagar, in Special (NDPS) Case No.5 of 2001 convicting the appellant original accused for the offence punishable under Section -8(c) read Section -17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'NDPS Act') and sentencing him to suffer R.I of 10 years with fine of Rs.1 lac (Rupees One Lac Only) and, in default of payment of fine further R.I of 2 years with a further direction that the period spent by him in jail shall be given set off against the sentence.

(3.) BRIEFLY stated, the prosecution case as disclosed from the complaint as well as unfolded during trial, is as under : -