AZIZKHAN HAMIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has been convicted by the Sessions Court, Vadodara, for an offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act,1985 ("n. D. P. S. Act" for short) for possessing 1770 grams of opium, which was seized in his presence from his house. He was tried in N. D. P. S. Case No. 4/2000 and was sentenced to undergo R. I for a period of ten years with fine of Rs. 1 Lac, in default, to undergo imprisonment for one year, by judgment and order dated 30th September, 2004.

(2.) THE charge was framed against the accused at Exh. 4, charging the accused for possession of 1770 grams of opium at Kalyannagar, near Chistiya Masjid, Pathan Maholla of Vadodara, at 6. 00 p. m on 17. 1. 2000. The accused pleaded not guilty to the charge and claimed to be tried. The trial Court, after considering the evidence led by the prosecution, recorded conviction and awarded sentence, as stated hereinabove.

(3.) WE have heard learned advocate Mr. E. E. Saiyed for the appellant, and learned A. P. P. Mr. Bhatt for the respondent-State.