MANGALSINH RATIBHANSINH PARIHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these Criminal Appeals arise out of common judgment and order of conviction and sentence dated 27.4.2012 by learned Additional Sessions Judge, City Sessions Court, Ahmedabad, in Sessions Case No.410 of 2009 and, hence, with the consent of the parties these appeals are taken up for final disposal.

(2.) By the above judgment and order, appellants-original accused nos.1 to 5 of Criminal Appeal No.797 of 2012 came to be convicted under Section 8 (C), 20 (b) (ii) (B) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act") and sentenced to rigorous imprisonment for a period of ten years and to pay fine of Rs.1 Lac and, in default thereof, rigorous imprisonment of six months and, therefore, the appeal is preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(3.) Criminal Appeal No.1073 of 2012 is preferred by the State of Gujarat-appellant under Section 377 of the Code with a prayer to enhance the sentence imposed upon respondents-original accused to the maximum so provided under the NDPS Act in view of the fact that case of the prosecution was believed beyond reasonable doubt by learned Sessions Judge, who ought to have convicted the accused under Section 8 (C), 20 (b) (ii) (C) and 29 of the NDPS Act and not under Section 20 (b) (ii) (B) of the Act.