FATESING GAJESING CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant challenges the judgment and order rendered by the learned Special Judge (NDPS Act), Surat, on 27.2.2003, in Spl.(NDPS) Case No.8/2000, convicting the appellant for the offence punishable under Sections 20(B)(2)(C) & 21(C) of the Narcotic Drugs and Psychotropic Substances Act,1985 ["NDPS 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 one year.

(2.) THE brief facts of the case are that the investigating agency arrested the appellant -accused in connection with possession of contraband charas weighing 1.400 kgs.,on 9.4.2000. 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 charas. On the basis of that report, charge sheet was filed against the accused -appellant and the case was numbered as Spl. (NDPS) Case No.8/2000 before the Spl. Court, Surat.

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