KALUBHAI HUSENBHAI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in these two appeals filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 19.2.2007 rendered in Sessions Case No. 298 of 2005 by the Additional Sessions Judge, Fast Track Court No.3, City Sessions Court, Ahmedabad by which the appellants of both these appeals who are original accused Nos.1 and 2 respectively ('A -1' and 'A -2' for short) have been convicted for commission of the offences punishable under Sections 8 (c ) and 20 (b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short) and both of them are sentenced to suffer RI for ten years and fine of Rs.1,00,000/ - i.d, RI for further period of one year.

(2.) SINCE both these appeals arise out of the same judgment and order of conviction and sentence recorded against both the accused and the question relates in narrow compass with respect to giving benefit of rationalised sentence structure as per the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act No.9 of 2001) as A -1 was found with contraband article ganja less than commercial quantity and A -2 was found with contraband article ganja which is a small quantity, with the consent of the learned advocates appearing for the parties, both the matters are taken up for final hearing today, heard together and decided by this common judgment and order.

(3.) THE prosecution case as disclosed from the complaint and unfolded during trial, is as under: