GHELABHAI GOVINDBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused no.1 has challenged the judgment of the Sessions Court dated 10.6.2005 in Special NDPS Case No.5/2002 by which he was convicted for offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to rigorous imprisonment of 15 years. Fine of Rs.1,50,000/ was also imposed.

(2.) Briefly stated, the prosecution version was that on 23.9.2002 at about 10:15 at night, the appellant was travelling on his motorcycle. He was intercepted by the police party. Search of the motorcycle revealed that the appellant was carrying about 5 kg and 50 grams of opium.

(3.) We may refer to the gist of the evidence. Vishrambhai Dhanjibhai Kharadi, PW1, exh. 12, was the Police Inspector of LCB Anand, at the relevant time. He deposed that on 23.9.2002, he along with the Police Subinspector Shri V.J. Raval and other police officers were carrying out night patrolling duty. They were waiting on a road near Hanuman temple when one motorcyclist came on his Hero Honda motorcycle from Anand side. On suspicion, he was stopped. The witness introduced himself as Inspector of LCB and called two panch witnesses. He offered the motorcyclist whether he wanted the search to be carried out in presence of another gazetted officer but he refused for the same. The motorcyclist was Ghelabhai Govindbhai, accused no.1 i.e. the present appellant. Upon his refusal to opt for being searched by another gazetted officer, the members of the police party and the panch witnesses were first searched, upon which, nothing objectionable was found. Afterwards, first the accused was searched from whom Rs.510/ was recovered. After that Hero Honda motorcycle was searched. From its dicky, in a bag, a solid object was found. Upon taking out the object from the plastic bag, it was found to be blackish thick substance which appeared to be opium from the smell. The substance was weighed in presence of the panchas. The weight came to 5 kg and 50 grams. It was packed, sealed and recovered for further investigation. This person did not have permit to carry such substance. His motorcycle and the substance were both seized under the panchnamas and the accused was placed under arrest. The sealed packet of the substance was handed over by him to PSO of Anand police station. The witness identified the accused before the Court as well as the substance recovered during the raid from him.