MUKESHKUMAR MANGILAL ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants original accused Nos. 1 to 5 have filed these appeals under Section 374 (2) of the Criminal Procedure Code, 1973 (for short 'the Code') against the judgment and order of conviction and sentence dated 10.03.2003 rendered by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court No. 3, Bharuch in Special (NDPS) Case No. 03 of 2001 convicting the appellants original accused Nos. 1 to 5 for the offences punishable under Section 17 & 18 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'NDPS Act') and sentencing them to suffer R.I of 10 years with fine of Rs.1 lac each (Rupees One Lac Only) and, in default of payment of fine, further R.I of 2 years for each of the offences with a further direction that all the substantive sentences shall run concurrently.

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

(3.) THE Panch (1) Rajesh Mohanlal Modi residing at Jhadeshwar Tal. Dist. Bharuch and (2) Prakashchandra Thakorlal Modi residing at 35, Shivshakti Nagar Jhadeshwar, Tal. Dist. Bharuch were called upon at Narmada Cross road on National Highway No. 8 Bharuch. They were appraised about the information. A search was made in the said vehicles and on the persons of aforesaid Police Officers and the complainant himself. Nothing offendable was found. A preliminary panchnama for this part was completed between 18.10 to 18.40 hours. Then they started for the Hotel Parvana and stopped the vehilcles at a distance of one furlong from the Hotel Parvana and walked down towards Parvana Hotel. Out of the persons described under information, the description of three persons was appeared to be proper near the board 'All India Vahan Chalak Sangh". All the five persons were stopped.