JETHUSINGH MANGALSINGH BHATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused has filed this appeal under Section -374 of the Criminal Procedure Code against the judgment and order of the learned Special Judge (NDPS) Fast Track Court at Mehsana dated 9.1.2003 rendered in Special (NDPS) Case No.1 of 1999 for the offence punishable under Section -8(c) and Section -21 read with Section -29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentencing him to undergo R.I for 10 years and to pay fine of Rs.1 lac, in default thereof, to undergo S.I of 1 year.

(2.) THE case of the prosecution as revealed in the complaint and as unfolded during the course of trial is briefly stated as under : -

(3.) IT was also the case of the prosecution that no such person was ever traced and therefore Jethusingh was the only accused in the present case. The sample of seized articles were drawn and the same was sent to FSL for chemical analysis and the report is alleged to have been positive and ultimately charge sheet came to be filed against the present appellant and the charge was framed by registering the Special Case No.1 of 1999 before the Special Judge (NDPS), Mehsana, Fast Track Court.