SAIYAD IMRANMIYA MAJIDMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant original accused No.1, under Section 374 of the Cr. P.C., against the Judgment and order dated 14.08.2012 rendered in Special N.D.P.S. Case No. 05 of 2007 by the learned Special Judge and 4th Additional Sessions Judge, Anand whereby the appellant-original accused No.3 was convicted for the offence punishable under Section 20(B)(2-C) read with 8(C) of the NDPS Act and sentenced to undergo ten years rigorous imprisonment with fine of Rs.1 lac, in default of payment of fine, further rigorous imprisonment of one year and for the offence punishable under Section 29 of the NDPS Act and sentenced to undergo ten years rigorous imprisonment with fine of Rs.1 lac, in default of payment of fine, further rigorous imprisonment of one year.

(2.) It is the case of the prosecution that on 08.03.2007, Shri Sanjay Patel, Intelligence Officer, Narcotics Control Bureau, Ahmedabad Zonal Unit, Ahmedabad allegedly received a secret information from and undisclosed source to the effect that on 08.03.2007, one Rajnikant Jashbhai Patel and Late Mukesh Patel were to receive a consignment of Charas which was dispatched from Kashmir on 08.03.2007 and the said information was submitted in writing to the Superintendent of Narcotics Control Bureau, Ahmedabad. On 11.03.2007, the officers of NCB maintained secret watch at Anand but the said vehicle did not reach the spot on the said day. The said alleged watch was continued and it was noticed that two co-accused Late Rajnikant Patel and Late Mukesh alias Shailesh visited hotel Rajguru situated on the right side of N.H.8 from Chikhodra cross roads towards Baroda and alleged to visit the said hotel every day in the afternoon till evening on one Grey scooter having registration No.GJ-23-924. It is further alleged that on 16.03.2007 at about 8:010 p.m., Late Rajnikat and Late Mukesh both went to their scooter from hotel Rajguru towards Ahmedabad highway, the same was alleged to have been followed by the team of NCB in their respective vehicles at a safe distance. On crossing Samarkha cross road towards Ahmedabad, they stopped their scooter at one hotel Sabaras. It is further alleged that on black indigo car having registration No.HR-02-1-0061 came at hotel Sabras and two persons namely Zakir Hussain alias Raju and present appellant were surrounded by team of NCB while all the four accused were talking amongst themselves near black indigo car. It is further alleged that on making preliminary inquiry, team of NCB took away all the accused alongwith indigo car and scooter alleged to have been used in the crime at circuit house, Anand for further proceedings.

(3.) In order to bring home the charges against the accused person, prosecution has examined five witnesses and defence has examined four witnesses also produced documentary evidences.