AVDHESHKUMAR SHIVMANGAL MAHADIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under section 374 (2) of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 19.06.2002 rendered in Special (NDPS) Case No. 04 of 2000 by the learned Special Judge (NDPS) & Fast Track Judge, Mehsana by which the appellant original accused No. 1 has been convicted for commission of the offences punishable under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) and sentenced to suffer R.I. for ten years and fine of Rs.1,00,000/ - and in default thereof, to undergo further sentence of S.I. for one year.

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

(3.) AT that time, two persons, having put on the clothes described in the information, came on the press and the head constable Sabbirkhan gave signal and immediately both the said persons were cordoned and arrested. Out of them, one person hanged one brown colour raxin bag on the shoulder. Upon asking his name and address, he stated it to be Nai Avadheshkumar s/o Shivmangal residing at village Sedgo, Tal. Maharajganj, Dist. Raibareli (U.P.). On asking the name of the other person, he stated his name to be Godia Rambahadur s/o Bhagvandin Maikuddin residing at village Sudauli, Tal. Maharajganj, Dist. Raibareli (U.P.) Both the persons were explained orally and in writing that they were doing the business of opium. As they were required to be checked in person, he could make an arrangement of calling upon a Gazetted Officer or Magistrate if they so desired. Both of them negatived and it was noted. Moreover, it was orally conveyed that they could also check the Panchas and the Police Personnels of the raiding party. But they refused. It was noted. Nai Avadheshkumar had bag and on looking into it, slight greenish black coloured quantity was found. It was smelt and the opium smell was coming out. It was liquid lump of opium.