HAJISHA SIDISHA SHAHMADAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal preferred under Section 374 (2) of the Code of Criminal Procedure is directed against the judgment and order dated 16-08-2003 passed by the learned Special Judge, Jamnagar in Special Criminal Case No. 2 of 2002 imposing sentence of RI for 10 years and fine of Rs. 1,00,000/- (Rupees One Lakh Only) under Section 20 (b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short SNDPS Act ).

(2.) When the appeal was taken up for final hearing, Mr. R. M. Agrawal, learned Advocate for the appellants, at the outset, submitted that though the appeal is filed challenging the judgment as a whole, but the sentence imposed by the learned Judge with respect to the contraband article seized from the appellants was so disproportionate that on that ground itself the appeal was required to be allowed and, therefore, he would confine his submissions on the question of sentence only without making submissions on the merit. In view of this submission, we do not find it necessary to narrate the facts of the case nor discuss the oral deposition as well as the documentary evidence threadbare.

(3.) After considering the oral evidence and the documentary evidence adduced during the course of trial, the learned Special Judge held that the prosecution had conclusively established that on 12-06-2002, the appellants were in possession of 1792 grams of ganja without pass or permit, and as they were found in illegal possession of contraband article ganja, the learned Special Judge convicted the appellants and imposed the punishment as referred to earlier.