LAWS(GJH)-2008-10-80

RAIS AHMAD HABIB AHMAD Vs. STATE OF GUJARAT

Decided On October 23, 2008
RAIS AHMAD HABIB AHMAD Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order dated 21-10-2000 passed by the learned Addl. City Sessions Judge, Court No. 18, Ahmedabad in Sessions Case No. 20 of 1999 whereby the appellant has been convicted for offence punishable u/s 20 (B) (ii) of the Narcotic and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay fine of Rs. 2. 00 lacs i/d to undergo simple imprisonment for one year.

(2.) THE case of the prosecution in brief is that secret information was received by P. S. I. Joshi that the accused would be passing from Khokhara bridge towards Behrampura carrying contraband article. P. S. I. Joshi made necessary entry to this effect in the station diary and also informed his superior officer. Raiding party was prepared and the members stood in wait for the accused to pass by the designated area. At about 11-00 O,clock the secret informant pointed to the accused and accordingly he was nabbed. On his search 1. 938 kg. Charas was found from his possession. After following due procedure, the accused was arrested and the contraband was seized.

(3.) AT the trial, the prosecution examined Police Officers who were the members of the raiding party, panch witnesses and other formal witnesses, all of whom supported the prosecution case. Relying upon the evidence of these witnesses, which was found to be cogent and reliable, the learned trial Judge convicted the accused and sentenced him as aforesaid.