SUMERKHAN SIDIQKHAN SINDHI Vs. COLLECTOR OF CUSTOMS PREV

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of the Cr. P.C. is directed against the judgment and order of conviction and sentence passed against the present appellant by the Addl. Sessions Judge, District Kheda at Nadiad in Sessions Case No. 36 of 1989 whereby the appellant-Sumarkhan Sidiqkhan Sindhi, resident of Dentami (Rajasthan) has been convicted under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (which will be hereinafter referred to as 'the N.D.P.S. Act') and sentenced to 10 years R. I. with a fine of Rs. 1,00,000/- on 8-8-1990. It is pointed out by the learned Counsel for the appellant that the appellant was in jail during the course of trial from 24-2-1989, i.e., the date of his arrest and is serving the sentence at present in Sabarmati Jail of Ahmedabad. On 23-9-1997 an order was passed in Misc. Application No. 5276 of 1997 that this Appeal is to heard with Criminal Appeal No. 1037 of 1990 and accordingly this Criminal Appeal No. 828 of 1990 was listed for final hearing in the Board before us on 2-2-1998 at item No. 24. On the request of the learned Counsel for the appellant, the matter was taken out of turn. However, the record of the Criminal Appeal No. 1037 of 1990 shows that it is not a ready matter. The Criminal Appeal No. 1037 of 1990, which is directed against the acquittal of other co-accused persons, cannot be heard unless the service is complete. The learned Counsel for the appellant submits that since the present appellant is serving the sentence since long, this Appeal may be heard. Accordingly the matter was taken up for final hearing.

(2.) The facts leading to the present Appeal may be succinctly and briefly narrated as under :

(3.) Based on the aforesaid allegations. Complaint No. 1414 of 1989 was presented by one Shri M. S. Shah, Superintendent, Central Excise (Preventive), H. Q., Ahmedabad on 25-4-1989 in the Court of Chief Judicial Magistrate at Nadiad and the Chief Judicial Magistrate, Nadiad registered the complaint on the very same date, i.e., 25-4-1989 under Secs. 21 and 29 of the Act. The complaint enlisted 16 witnesses in all including Senior Scientific Assistant of F.S.L., Ahmedabad and the list of documents in the case of the seizure of the brown sugar seized on 24-2-1989 at Ramnagar, Taluka Nadiad, the list of the documents described 19 documents.