SHAILESHBHAI MAVJIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant original accused No.1, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 23.05.2003 rendered in Special Case (NDPS) No.11 of 2002 by the learned Special Judge, 2nd Fast Track Court, Rajkot whereby the appellant-accused was convicted for the offence punishable under Section 22 of the NDPS Act and sentenced to undergo six months rigorous imprisonment with fine of Rs.3000/-, in default of payment of fine, further rigorous imprisonment of one month. As per the statement made by appellant-accused No.1 that he has already undergone the sentence, however, he has preferred the present appeal to acquit him from the charge levelled against him.

(2.) It is the case of the prosecution that Mr. K.N. Patel was serving as P.S.I in Anti Theft Squad at Rajkot. On 10.04.2002, when he was discharging his duties, he received an information though Police Constable Shri Indrajeetsinh Natubha Rana that the appellant-accused, resident of Rajkot was present at Rajkot Municipal Corporation Garden situated in front of Sheth High School which is on 80 ft. road and he is in possession of brown sugar. On receiving the same, Shri Patel sent Head Constable Shri Mansukhlal Babulal to get an entry being made in Police Station Diary and according to the prosecution case, one report was sent to Dy.Police Commissioner, Rajkot through Police Constable Shri Ganpat Sinh. Thereafter, two panchas were called upon. Both the panchas arrived at Police Station. They were informed regarding the information received by complainant Shri Patel.

(3.) On receiving the said complaint, PSO of Bhaktinagar Police Station registered an offence against the appellantaccused at Prohibition Crime Register No.81 of 2002 for the offence punishable under Section 22 of the NDPS Act and investigation was handed over to PSI Shri V.S.Zala. During the course of investigation, Shri Zala recorded the statements of concerned witnesses. Thereafter, muddamal was sent to FSL for analysis. On receiving the report from FSL, it was kept alongwith police papers. According to the report, the muddamal recover from the accused was proved to be narcotic drug.