YUSUFKHAN ABDUL HAMIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused No.2 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 22.01.2002 rendered by the learned Additional City Civil & Sessions Judge, Ahmedabad, in Sessions Case No.113 of 2001 convicting the appellant original accused No.2 for the offence punishable under Sections -8(c) read Section -21 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 1 year with a further direction that the period spent by him in jail shall be given set off against the sentence.

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

(3.) IT also transpires from the record that thereafter appellant original accused No.2 Yusufkhan Abdulhamidkhan Pathan from whose possession the contraband material was found, informed the police to the effect that he has obtained the said brown -sugar from one Gautam, whose father's name he did not know, through one Prem, who runs a private mini luxury bus. It also transpires from the record that on the strength of the information supplied by co -accused - Yusufkhan Abdulhamidkhan Pathan and from whose possession contraband material was found, the said Gautam was also arrested by the police from his native place at village Nimbod, Taluka, District Mandsaur, M.P. On 16th June, 2001 at 14:00 hours.