LAWS(GJH)-2009-1-41

SAIDABANU Vs. STATE OF GUJARAT

Decided On January 29, 2009
SAIDABANU, ABDULRAHIM ABDULKARIM SHAIKH Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order rendered by City Sessions Court No. 7, in Sessions Case No. 210 of 2002 on 24. 6. 2005, convicting the appellant for the offences punishable under Section 8 (c) read with Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act ('n. D. P. S Act', for short) and sentencing the appellant to undergo R. I for 10 years and pay a fine of Rs. 1,00,000/-, in default to undergo S. I for two years.

(2.) THE case of the prosecution against the appellant has a typical and chequered history, which is aptly narrated by the trial Court in the earlier part of the judgment, which we quote:-

(3.) LEARNED advocate Mr. Agrawal for the appellant submitted that so far as the alleged seizure of the contraband from the house of the appellant on 07. 01. 2002 is concerned, there is no FIR registered with the police. There is no material worth a name, which can be said to have initiated or put the investigating machinery into motion in respect of the offence, in which the appellant is convicted.