KADVAJI UDAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ms. Hina Desai, for the appellant and Mr. A.J.Desai, learned Additional Public Prosecutor for the State.

(2.) THE present appeal is filed under Section 374 read with Section 386 of Criminal Procedure Code, against the order dated 29th October, 2002 of conviction and sentence passed by the learned Additional Special Judge, Banaskantha at Deesa in Special Case No. 33 of 2002, whereby the learned Judge held accused guilty of charges of offence punishable under Section 8(c) read with Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act" for short). The learned Judge, after recording conviction and hearing the accused on the quantum of punishment, imposed five years rigorous imprisonment and fine of Rs.30,000/ - (Rupees Thirty Thousand only) and directed the accused to undergo rigorous imprisonment for 1 (one) year, in the event of default in paying the amount of fine.

(3.) THE judgment and order of conviction and sentence dated 29th October, 2002 has been assailed on various grounds by the learned Counsel Ms. Hina Desai, and she has taken this Court through oral and documentary evidence led during the course of trial including panchnama of seizure of muddamal Ganja, which was allegedly carried by the accused at the relevant point of time on the date of incident i.e. 22/01/2002 at about 20.15 Hrs.