SHIVPRASAD (SHRIPRASAD) RAMPRASAD KUMBHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants ('the accused' for short) were tried by the learned Additional Sessions Judge, Court No.13, City Sessions Court, Ahmedabad, in Sessions Case No.213 of 2000 for commission of the offences punishable under Section 8 ( c ) read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short) arraigned on charge of accused No.1 having been found with contraband article charas weighing one Kg. (two packets containing 500 grams each) whereas accused No.2 having been found with contraband article charas weighing 500 grams (one packet), without pass/permit when they were intercepted and apprehended near Three Junction Road, Old Air -Port Road, Near Meldi Mata's temple, Sardarnagar, Ahmedabad, on the basis of the prior information received by P.W.3, Bimalbhai Motilal Rajvanshi. At the end of the trial, the accused were found guilty for possessing the contraband article charas without pass/permit and as their complicity is proved, the trial court convicted them vide judgment and order dated 30.3.2001 for commission of the offence punishable under Section 8 (c ) read with Section 20 (b) of the NDPS Act and sentenced each of them to suffer R.I. for ten years and fine of Rs.1 lakh i.d., R.I. for further one year.

(2.) AGGRIEVED by the aforesaid judgment and order of conviction and sentence, the accused have filed this appeal under Section 374 of the Code of Criminal Procedure ('the Code' for short).

(3.) BRIEFLY stated, the prosecution case, as disclosed from the FIR and unfolded during the trial, are as under: