BHERULAL VIRAJI KUMAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 ("Code"), against the judgment of conviction under Sec. 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act"), and sentence of 10 years' rigorous imprisonment and fine of Rs. 1,00,000/-, in default further imprisonment of 2 years and conviction under Sec. 66(l)(b) of the Bombay Prohibition Act, 1949, and sentence rigorous imprisonment for 3 months and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for 15 days, recorded by learned City Civil and Additional Sessions Judge, Court No. 9 Ahmedabad, on 20.8.1990 in Sessions Case No. 62 of 1990, we are called upon to determine and decide as to whether the impugned order of conviction and sentence is justified or not.

(2.) The appellant is original accused and the respondent is State of Gujarat. The appellant, hereinafter, will be referred to as "accused" for the sake of convenience and brevity. Accused was prosecuted before the trial Court. At this stage, therefore, let us have a relevant spectrum of material facts giving birth to this appeal. As per the prosecution case, Police Inspector of Maninagar Police Station, Ahmedabad, Mr. I.M. Malek, P.W. 8 who is examined at Ex. 32, received secret information, at about 11.00, A.M., on 19.12.1989, when he was on duty at the Police Station.

(3.) The information received was to the effect that, a person dressed in a white pant and bush shirt, and wearing a woolen pull-over of dark brown colour has brought a huge quantity of CHARAS and was to deliver the same to some person near Shah-Alam Darwaja, at Ahmedabad, before 2.00 P.M. Superintendent of Police, Mr. S.G. Bhati, was also present when such information was received by the P.I. That is how P.I., Malek, decided to conduct a raid and search, for which he called two Panchas, P.W. 1 Rajbahadur Nathusing, Ex.11 and P.W. 2-Chandrakant Chunilal, Ex. 12, at the Police Station and apprised them of the contents of the secret information he had received. Thereafter, preliminary Panchnama came to be drawn in presence of Panch between 11.15 and 11.30 hours on the same day.