RAVIKUMAR MALAYA GANGPUTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant- original accused No. 1 in Sessions Case No. 39/2001, has preferred this appeal challenging his conviction recorded by the learned Additional Sessions Judge, 7th Fast Track court, Gondal on 8. 6. 2004, for the offence punishable under Section 20-B (2) (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["ndps Act" for short]. The appellant was sentenced to undergo R. I for ten years and to pay a fine of Rs. One Lac, and in default of payment of fine, S. I for one year.

(2.) THE facts leading to the prosecution case, in nutshell, are as under: on 1st March, 2001, when C. P. I. Mr. Bapodara was on patrolling round, at that time two persons were found in a suspicious movement and, therefore, they were intercepted. Immediately, Dy. S. P. Mr. Rathod called two panchas and in their presence, the names of those two persons were asked and they disclosed their names to be Ravikumar Malaya Gangputra (accused No. 1) and Rameshbhai Ramubhai Sidi (accused No. 2 ). After undergoing the required procedure, a search was conducted. When the appellant-accused No. 1 was searched, from the bag, which he was carrying, ganja weighing about 3 Kgs, was found. Samples were drawn from the muddamal ganja and they were packed and sealed and the remaining quantity of ganja was also packed and sealed. P. I. Mr. Bapodara lodged F. I. R against both the accused persons. The offence was registered and investigation was started. During the course of investigation, statements of material witnesses were recorded. The samples were sent to F. S. L for analysis and on receipt of the report from F. S. L. , charge sheet came to be filed and Sessions Case No. 39/2001 was registered.

(3.) THE learned trial Judge framed charge against both the accused persons at Exh. 7, to which they did not plead guilty and claimed to be tried. The prosecution adduced oral and documentary evidence. After completion of recording of the evidence, the learned trial Judge recorded further statements of both the accused persons under Section 313 of the Code of Criminal Procedure, in which they denied generally all the allegations levelled against them by the prosecution.