JINABHAI KALABHAI RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused in a Sessions Case No. 41 of 1991 has been convicted of an offence punishable under Sec. 20(b)(ii) of the Narcotic Drugs & Psychotropic Substances Act. (N.D.P.S. Act), and has been sentenced to rigorous imprisonment for ten years and to pay a fine of Rupees One Lakh, and in default, to undergo, rigorous imprisonment for, three years. By virtue of the impugned judgment and order dated, 03.10.1992, passed by learned Additional Sessions Judge, Bhavnager, which is questioned before us in this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code).

(2.) Whether on the basis of the evidence of the prosecution, the appellant-accused could be said to be in exclusive and conscious possession of the contraband articles 282 namely charas weighing 50 grams and 600 miligrams found from the suitcase recovered from the house of accused by the raiding party on 07-12-1990 ?

(3.) Whether the provision of Sec. 42 of the N.D.P.S. Act has been complied or not ?