MAFAJI MOVATAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short question which surfaces in this appeal before us is, as to whether the order of conviction and sentence recorded by the learned Addl. Sessions Judge, Mehsana, in Sessions Case No. 49 of 1993, on 25-6-1993, holding the accused guilty under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is vulnerable, in view of the provisions of Section 50 of the NDPS Act?

(2.) The appellant-original accused was charged before the trial Court, as per Exh. 2, under Section 20 read with Section 8 of the NDPS Act for having possession of 15 gms. of contraband article Charas, which was searched and seized from his pocket of the pant, at about 9.00 a.m. on 13-12-1992, in the area, known as Ganj Bazar in Mehsana town, to which he denied and claimed to be tried.

(3.) The prosecution case has been that, on the aforesaid day and time, the accused was found in possession of 15 gms. of Charas, on being raided and searched by the Police party led by PW-3 Police Inspector Mr. S. A. Parmar (Exh. 19). Upon the prior information, said Mr. Parmar of City Police Station, Mehsana, conducted the raid. As per the prior information, accused Mr. Thaker Mafaji, was dealing with contraband article like Charas without licence and permit. Upon getting the information, panchas were called and they were informed about the intimation received by the police. The first part of the panchnama was prepared in the police station. Thereafter, complainant Mr. Parmar led the team to the Ganj Bazar area. It was noticed by the raiding party that the accused was dealing with and selling Charas in the market known as Ganj Bazar. After observing the necessary formalities, the person of the accused was searched and in the course of the search, 15 gms. of Charas was recovered from the pocket of the pant of the accused. It was wrapped in polythene bag which bore mark of "Mahesh Tea". The contraband article was weighed after bringing a scale from a Gold Smith and the said article weighed about 15 gms. Upon being asked, the accused had no any pass, permit or licence required under the NDPS Act.