CHANDRAKANT TRIBHOVANDAS JOBANPUTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed by the appellant -accused against the judgment and order of the learned Special Judge, Fast Track Court No.1, Morbi in Special (NDPS) Case No.60 of 2004 on 28.4.2006 convicting the appellant original accused under Section -20(b) of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter referred to as "the Act") and sentenced him to suffer rigorous imprisonment for a period of 10 years and fine of Rs. 1 Lacs and in default of payment of fine, further to suffer SI of 2 years with a direction to set off the period, the appellant - accused remained in custody against the substantive sentence inflicted upon him.

(2.) THIS appeal was admitted on 23.8.2006. The appellant original accused has also moved an application for regular bail. The Court has passed an order on 28.3.2006 observing that looking to the facts of the case, appeal was ordered to be notified for hearing alongwith the bail application and records and proceedings were called for from the trial Court. The learned advocate appearing for the appellant has assured the Court that he would prepare the paper -book and would supply the same to the Court as well as to the learned Additional Public Prosecutor. On receipt of the records and proceedings from the trial Court, paper book was prepared by Mr.Rajesh M. Agrawal, learned advocate appearing for the appellant and accordingly appeal was taken up for final hearing.

(3.) THE brief facts as disclosed in the complaint and unfolded during the course of trial are briefly stated as under : -