PAVANKUMAR @ PAVAN JINDURAM THAKUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals are arising out of the judgment and order dated 31.7.2006 passed by the learned Addl. Sessions Judge, Court No.7, Ahmedabad in Sessions Case No.77 of 2004 whereby both the appellants, along with one another accused were convicted by the said court. Hence both the appeals are heard together and disposed of finally by way of this common judgment.

(2.) ORIGINAL accused No.3 Pavankumar @ Pavan Jinduram Thakur has filed appeal No.2252 of 2006 and original accused no.2, Sundersingh Bhadarsing Rajput has filed appeal No.2334 of 2006. So far as accused No.1, Harakhlal Gangaram Rajput is concerned, he has not preferred any appeal before this court. All the three accused were held guilty and convicted by the learned Addl.Sessions Judge for offences punishable under sections 20(b)(ii) read with section 8(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to suffer Rigorous Imprisonment for six years and a fine of Rs.50,000/ -, in default, simple imprisonment for one year. All the accused were acquitted of the offence punishable under section 29 of the Act. The learned Sessions Judge has also passed order that for the period both the accused spent in judicial custody shall be given set off. Against the aforesaid judgment and order, both the appellants i.e. original accused No.2 and 3 have filed these appeals challenging the same.

(3.) BRIEFLY stated, the case of the prosecution is that a secret information received by the senior police officer of Shaherkotda police station, Mr V.M. Barot, on 5.1.2004 disclosed that three persons who were speaking Hindi were going to deliver bulk quantity of 'charas' illegally by going from Amdupura Chamunda bridge. Description of clothes and containers was sufficiently given to identify them. After intimating the Asstt.Commissioner of Police, on the basis of the said information, a police raid was carried out in presence of panchas and both the appellants, along with one another accused, were caught and from their possession, narcotic substance was recovered and on primary examination, the said substance was found as 'charas'. From the possession of accused no.1, 1 kg. Charas was recovered while from the possession of accused no.2, 975 grams charas and from the possession of accused no.3, 835 grams of charas were recovered. After following due procedure of search and seizure and after following the procedure laid down in section 42 and 50 of the NDPS Act, investigation was carried out and muddamal was seized and sealed in the presence of panchas. Thereafter complaint was lodged which was numbered as Prohibition Registration No.5008 of 2004. During the investigation, the muddamal was sent to FSL for analysis and after getting the report from the FSL, at the the end of the investigation, charge sheet was filed against all the three accused for offence punishable under section 20(b)(ii), 21 and 29 of the NDPS Act. As the accused denied the charges and claimed to be tried, the trial was commenced. To prove its case, the prosecution has examined six witnesses and also produced 24 documentary evidences to prove its case against the accused persons.