DIPAK KUMAR BABULAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of a judgment and order rendered by the learned Principal Sessions Judge, Mehsana on 1.9.2005, in Sessions Case No. 58/1990.

(2.) IN all, seven persons were charged and tried for the offences punishable under Sections 8, 21, 23, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["SNDPS Act" for short] and Sections 66(1)(b), 64(a) and (e) and 81 of the Bombay Prohibition Act. Original accused Nos.1 and 5 (i.e. present appellants) came to be convicted by the trial Court for the offences punishable under Sections 21, 25 r.w.section 29 of the NDPS Act and also under Sections 66(1)(b), 65(a) and (e) and 81 of the Bombay Prohibition Act, whereas original accused Nos.2,3,4 and 7 came to be acquitted by the trial Court. Since original accused No.6 has expired, no order is passed against him.

(3.) THE brief facts of the case are that the investigating agency arrested the appellants -accused, along with other accused, in connection with possession of contraband heroine/brown -sugar weighing more than 4 kgs. on 16.1.1990 and a large number of bottles of foreign liquor. 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 heroine/brown -sugar. On the basis of that report, charge sheet was filed against the accused persons and the cases were numbered as Sessions Case Nos. 58/1990 and 9/1993 before the Sessions Court, Mehsana.