DASHRATHBHAI GOVINDBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants-original accused in Sessions Case No. 141 of 1990 who are held guilty under S.17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("N.D.P.S. Act" for short) and awarded rigorous imprisonment for 10 years and fine of Rs. 1,00,000.00, in default, rigorous imprisonment for three years by judgment and order dated 27th December, 1990 passed by the Additional Sessions Judge, Vadodara have assailed that judgment in this appeal.

(2.) Facts which led to the prosecution of the accused are as under : On 22nd June, 1990 when complainant of this case P.S.I. Shri Puvar, P. I. Shri Rana and some police personnel were present in D.C.P. Police Station, they received information through their informant that two persons are to go with opium from Railway Station to Harni village via Salatwada on scooter bearing No. GJ-6 5147. P.S.I. Shri Puvar called two Panchas and on informing them about the information drew preliminary Panchnama as they agreed to act as Panchas. They then went in a private vehicle to intercept that scooter. P.S.I. Puvar before that made an entry of the said information in station diary and also gave a reasoned report to P.S.O. who entered the same as Janat Entry No. 11 of 1990 at 15.40 hrs. Deputy Police Commissioner (Administration) was also informed of the same. They then came near M. C. High School, Salatwada Road and remained in watch in a scattered position. At that time a T.W. coloured scooter was coming from Phulbari point towards Salatwada. The same was intercepted by signal by hand, by whistle, by shouting and on it being stopped it was cordoned by P.I. Shri Rana and P.S.I. Shri Purvar by about 16.45 hrs. The said scooter bore No. GJ-6 5147. It was driven by one Dashrathbhai Govindbhai Shah and pillion-rider named Bharat Shreeram Purohit. The driver was resident of Baroda, however, originally he belonged to Taluka District Barmer, Rajasthan and said pilloin-rider also originally belonged to village Sevli, Taluka Bhinmal, District Jalore, Rajasthan. Dicky of the scooter was opened by the key of the scooter itself and substance in two pieces one being round and the other being square were found in two different bags in two different plastic bags and they were in one white cotton bag. Substance was black in colour. On smell the same was felt to be opium. On inquiry from the said driver and pillion-rider they had neither pass nor permit to possess the same, Necessary, formalities to seize the same was carried out after taking sample therefrom, Samples were sent to the Forensic Science Laboratory. Forensic Science Laboratory after analysis found that substance to be containing segments of opium.

(3.) On receipt of the report from the Forensic Science Laboratory the substance having found to contain segments of opium, complaint was registered under S.17 of the "N.D.P.S. Act". The accused pleaded not guilty and prayed to be tried. Prosecution led necessary evidence to prove the charge against the accused and after hearing the learned Advocates for the parties, learned Additional Sessions Judge found the appellant guilty under S.17 of the "N.D.P.S. Act" and awarded sentence as referred to above. This judgment and order is under challenge in this appeal.