BISHNOI MOHANLAL BHAKHARARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant challenges the judgment and order rendered by the learned Special Judge, Fast Track Court, Patan, on 25.11.2003, in Spl.(NDPS) Case No. 4/2002 (Old Spl.NDPS Case No.72/2001), convicting the appellant for the offence punishable under Section 17(C) of the Narcotic Drugs and Psychotropic Substances Act,1985 ["SNDPS Act" for short] and sentencing the appellant to undergo R.I. for a period of ten years and to pay a fine of Rs.1 Lac, in default, to undergo R.I. for 2 years.

(2.) THE brief facts of the case are that the investigating agency arrested the appellant -accused in connection with possession of contraband opium weighing about 5 kgs. on 07.03.2001. After search, the muddamal was seized by drawing a panchnama in presence of panch -witnesses. The samples were also drawn thereunder and sent to F.S.L. for analysis. The samples were analysised and F.S.L. Report indicated that the material seized was opium. On the basis of that report, charge sheet was filed against the accused -appellant and the case was numbered as Spl. (NDPS) Case No.4/2002 (Old Spl.NDPS Case No.72/2001) before the Spl. Court, Patan.

(3.) WE have heard learned advocate Mr.Agrawal for the appellant, and learned A.P.P. Mr.U.R.Bhatt for the State. We have also perused the record and proceedings.