BHIMSING @ RAMSING PARAGSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant ('the accused' for short) along with another accused, Kishanbhai Laljibhai Chavda, who is not before this Court, were tried by the learned Presiding Officer, Fast Track Court, Nadiad, in Special (NDPS) Case No.4 of 2001 for commission of the offence punishable under Section 17 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ('the NDPS Act' for short) arraigned on the charge of the accused having been found with contraband article 'opium' weighing 4 Kg. 720 grams and another accused, Kishanbhai Laljibhai Chavda, having been found with contraband article 'opium' weighing 12 grams, without pass or permit, when they were intercepted and apprehended near four junction road, Nainpur, by P.W.6, Pratapsinh Udesinh Raul, Police Inspector, LCB, and other police personnel, during watch and blockade for effective implementation of prohibition. At the end of the trial, the accused and Kishanbhai Laljibhai Chavda were found guilty of the offence with which they were charged and as their complicity is proved, the trial court convicted both of them vide judgment and order dated 5.4.2002 and sentenced the accused to suffer R.I. for ten years and fine of Rs.1 lakh and in default of payment of fine, R.I. for further period of one year whereas another accused, Kishanbhai Laljibhai Chavda, is ordered to suffer R.I. for six months and fine of Rs.2,000/ - and in default of payment of fine, R.I. for further period of two months.

(2.) AGGRIEVED by the aforesaid judgment and order of conviction and sentence, the accused has 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 trial, is as under: