HARUNBHAI MEHBOOBALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present criminal appeal is directed against the judgment and order dated 31. 3. 2004 in (New) N. D. P. S. Case No. 4/2002 [ (old) N. D. P. S. Case No. 13/2000] passed by the learned Addl. Sessions Judge, Fast Track Court, Valsad, recording the conviction of the accused for the offence under sec. 8 (C) r/w sec. 20 (B) (ii) (C) and also for offence under sec. 22 of the Narcotic Drug and Psychotropic Substances Act, 1985 (for short, 'ndps Act') and imposing sentence of R. I. for 12 years and also fine of Rs. 1,00,000/-, in default further R. I. for 2 years.

(2.) THE facts of the case, briefly stated, are that on 30. 11. 1999 a luxury bus coming from Bombay was checked at Bhilad check post and during the checking the accused, who was sitting on Seat No. 36, was found in possession of two packets containing some material of red colour. Therefore, he was asked to get down and when it was found that it was charas, the Superintendent of Customs, Valsad, was informed and muddamal charas weighing 4 kg. 400 g. was seized from the accused for which pannchnama, exh. 18, was made. Thereafter, sample was taken and sent to the FSL. It is the case of the prosecution that when the accused who was in the said luxury bus was asked to get down and was found prima facie in possession of the contraband article, which on smelling was found to be such contraband material, search and seizure was made as per the provisions of the NDPS Act and the panchnama with regard to the search and seizure was also made and the accused was also arrested for the alleged offences under the NDPS Act. On the basis of the complaint, the offence came to be registered as (old) NDPS Case No. 13/2000 which was thereafter registered as (new) NDPS Case No. 4/2002 for the alleged offence under sec. 8 (C) r/w sec. 20 (B) (ii) (C) of the NDPS Act. The learned Addl. Sessions Judge, Fast Track Court, Valsad framed the charge for the aforesaid offence against the accused and proceeded with the trial.

(3.) IN order to bring home the charges levelled against the accused, the prosecution examined the witnesses and also produced the documents. After recording of the evidence of the prosecution witnesses was over, the learned Addl. Sessions Judge recorded further statement of the accused under sec. 313 of the Code of Criminal Procedure, 1973.