SURENDRASINH GEMALSINH JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE instant appeal has been preferred by the appellant under Section 374 of the Criminal Procedure Code as well as under Section 36 (b) of the Narcotic Drugs and Psychotropic Substances Act against the judgment and order delivered by the learned Additional Sessions Judge, Fast Track Court No. 2, Bharuch on 5th June, 2007 in Special N. D. P. S. Case No. 4 of 2006 whereby the present appellant being accused of the said Special Case came to be convicted for the offence punishable under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act and was sentenced to undergo rigorous imprisonment of ten years and to pay fine of Rs. 1 Lakh.

(2.) AS per the brief facts of case, Mr. K. V. Katara, Deputy Police Inspector, N. D. P. S. Cell, C. I. D Crime, Gujarat State, Gandhinagar on 25th May, 2006 was in the town of Ankleshwar along with Police Officers, Police Constables along with narcotics kit, sealing instrument etc. and were on patrolling at about 10 a. m. At 11 a. m, Mr. Katara received a private information that the accused was trading in ganja at his residential house situated at Jin Bazaar of Village : Netrang. Under the captain-ship of Mr. Katara, police party came to Village : Netrang and by telephone, Superior Officer was informed. A raid was arranged in advance and at about 13. 30 hours, all the officers came to Netrang outpost. The employees of police of Netrang outpost were taken as raiding party member and two panchas were called. At about 14. 30 hours, a preliminary panchnama was prepared and police party came in Government vehicles near Jin Bazaar. All the Police Officers reached at the residential house of the accused at about 14. 35 hours. The accused was present at the house and he was informed about the prior information and about the search which was to be made. The residential premises of the accused was searched and in the said search, about 8 Kilogram of contraband ganja was found from the house of the accused. The said substance was analysed by Forensic Science Laboratory and according to their opinion, the substance which was seized, was ganja. A seizure panchnama was prepared. Ganja was then sealed and accused was arrested. Police Inspector Mr. Katara gave a complaint on behalf of the State at Valia Police Station. The investigation was handed over to one Police Inspector Mr. Bhagabhai Ranjitbhai and after investigation, ultimately, a charge-sheet came to be filed against the accused in the Court of learned Magistrate and the case was then transferred to the learned Special Judge.

(3.) THE charge came to be framed against the accused by the Trial Court vide Ex. 6 on 15th June, 2006 for the offence punishable under Sections 8 (c) and 20 (b) of the Narcotic Drugs and Psychotropic Substances Act for illegal possession of ganja of 8 Kilograms. The accused pleaded not guilty and, therefore, the prosecution examined eleven witnesses and produced on record voluminous documentary evidence to prove its case. After the evidence was over, the statement of accused was recorded under Section 313 of the Criminal Procedure Code and all incriminating circumstances appearing in the evidence against the accused were put to him and defence of the accused was that he belonged to Village : Desad, Taluka : Valia, he had no property at Village : Netrang and when he had been to Netrang to purchase household material, he was arrested by Mr. Katara where all the procedure of the panchnama etc. was fabricated by police at Netrang outpost. He also produced the certificate of Gram Panchayat, Desad. Thereafter, the learned Trial Judge heard the prosecution as well as the defence and came to the above conclusion and hence, this appeal by the appellant against his conviction and sentence.