RASULBHAI AMARSING VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal has been preferred by the appellant - original accused being aggrieved and dissatisfied with the judgment and order dated 07/07/2009 passed by the learned Special Judge, Narmada @ Rajpipla in NDPS Case No. 02 of 2008, whereby, the present appellant - original accused held to be guilty for the offence under Sections 8(b) (c), 20(a)(b) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act') and sentenced to undergo rigorous imprisonment (RI) for ten years and a fine of Rs.1,50,000/- and in default of payment of fine, to undergo further RI for two years.

(2.) Facts in nutshell of the case on hand are such that on 23/08/2008 at about 14:25 hours, on the road bound to Pat village from Sagbara town, opp. primary school, behind State Bank of India, in the nearby croft (vado) to the hut of the appellant - accused situated on survey No. 119 P, the appellant - accused was found to be cultivating ganja with a view to get financial gain, without any pass or permit and 3679 plants of fresh ganja weighing 33 kg. and 400 gm. and 250 gm. dry ganja as well as dry posh doda weighing 03 kg., all worth Rs.1,71,000/-, were seized from the spot. Thus, the appellant - accused arrested for committing offence under Sections 8(b)(c), 20(a) (b) and 29(1) of the Act for which, a complaint came to lodged against him.

(3.) Heard Mr. Rajendra Patel, the learned advocate for the appellant - accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor, for the respondent - State.