FARIDABANU SHAMSADALI ISMAIL SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals are filed by the appellants- original accused Nos. 1 and 3 under the provisions of Section 374 read with Section 386 of the Code of Criminal Procedure, 1973, inter-alia challenging the judgment and order of conviction and sentence dated 29/03/2005 passed by the learned Additional Sessions Judge, Valsad in Special (N. D. P. S.) No. 2 of 2003. Total three accused persons were charge-sheeted and tried for the offence punishable under Sections 8 (c), 22 and 29 of the Narcotics Drugs and Psychotropic Substance Act (hereinafter referred to as the "n. D. P. S. Act") wherein at the end of trial all the accused persons were sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 50,000/- each and in default of making payment of fine to undergo simple imprisonment for one year.

(2.) CRIMINAL Appeal No. 1307 of 2005 is filed by the original accused No. 1; whereas Criminal Appeal No. 1598 of 2005 is filed by the original accused No. 3. The Court is informed by the learned Advocates appearing for the parties, that original accused No. 2 has not preferred any appeal challenging the judgment and order of conviction and sentence.

(3.) ACCORDING to prosecution Rs. 46,925/- had been recovered from the house of original accused No. 1 and it was ordered to return the said amount to accused No. 1 after expiry of the statutory period of filing an appeal. On the other hand, the respondent-State has not preferred the appeal under the provisions of Section 377 of the Code of Criminal Procedure for enhancement of sentence nor has submitted that cash recovered from the house of original accused No. 1 requires to be confiscated to the State.