PRADEEP PARASNATH VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, who was original accused no. 1 in Sessions Case No. 178 of 2003 preferred this appeal challenging the legality and validity of his conviction recorded by the Ld. Addl. Sessions Judge, Fast Track Court No. 2, Ahmedabad [for short 'the Ld. Trial Judge'] on 1/4/2005 for the offences punishable under section 17 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short 'the NDPS Act'] and was sentenced to undergo rigorous imprisonment of 8 years and fine of Rs.40,000/ -, in default of payment of fine, RI for 6 months. By virtue of the impugned judgment, the original accused no. 2 - Ratilal Somabhai, original accused no. 3 - Joseph Hirasing and original accused no. 4 - Smt. Jenifer Joseph came to be acquitted.

(2.) THE prosecution case, in nut -shell, is as under : -

(3.) AFTER appreciating the evidence on record and after considering the arguments advanced on behalf of both the sides, the Ld. Trial Judge, recorded the conviction of the appellant - accused for the offence punishable under sections 17 (B) of the NDPS Act and awarded sentence as hereinabove referred to. However, 3 co -accused persons came to be acquitted. Hence, feeling aggrieved and dissatisfied with the order of conviction, appellant accused preferred this appeal.