YASINKHA PYAREKHA BALOCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, 1973 ("the Code" for short) is to the correctness of the judgment and order dated 2.12.1999 rendered in Special NDPS Case No. 3 of 1999 by the Special Judge and Additional Sessions Judge, Mehsana, Camp at Patan, by which the appellant ("the accused" for short) has been convicted for the offence punishable under Section 21 read with Section 8(c) of The Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short), and is sentenced to suffer RI for 15 years and fine of Rs.1,50,000/ - i.d. RI for further period of 3 years.

(2.) BRIEFLY stated the prosecution case as disclosed from the complaint, and unfolded during trial, is as under:

(3.) ON appraisal of the evidence on record, the trial Court held that the prosecution has proved the complicity of the accused for commission of the offence punishable under Section 21 read with Section 8(c) of the NDPS Act. It is also held that when he was intercepted and apprehended by the police officers, though he was found with three parcels of the contraband article each containing 950 grams of brown -sugar, 900 grams of brown -sugar and 750 grams of brown -sugar, as per the report of the FSL the third parcel containing 750 grams of brown -sugar was found brown -sugar whereas first two parcels were not found with brown -sugar. On the basis of the aforesaid finding, the trial Court convicted the accused for the offence punishable under Section 21 read with Section 8(c) of the NDPS Act and sentenced to suffer RI for 15 years and fine of Rs.1,50,000/ - i.d. RI for further period of 3 years.