GOMARAM SONARAM JAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 22. 12. 1999 passed by the learned Additional Sessions Judge, Ahmedabad whereby the appellant original accused was convicted for the offences punishable under Section 8 (c) read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) and is sentenced to suffer rigorous imprisonment for 15 years and to pay fine of Rs. 3 lakhs and in default, to suffer further rigorous imprisonment for 3 years.

(2.) BRIEFLY stated the facts of the prosecution case are that Assistant Director, N. C. B. (P. W. 2) Mr. Tomar on 13. 4. 1998 received information which is at Exh. 16 that the present appellant was to come near gate of Abhayghat to deliver heroin and he would be without any conveyance.

(3.) THEREAFTER, witnesses were called and a raid was arranged, after complying legal requirements the raiding party reached the venue and when the person of information came, he was apprehended there and then. It is also caseof prosecution that he was carrying one cloth handbag in which alleged contraband article worth Rs. 1 crore was found which was seized and it weighed at 991 grams. Thereafter, samples were drawn and the same were sent to analysis. A statement under Section 67 of NDPS Act was also recorded which is at Exh. 26.