MAHESHJADAV KAILUJADAV BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 09. 12. 2005 passed by the Presiding Officer, Fast Track Court No. 2, Bhavnagar in Sessions Case No. 10 of 2005, whereby the accused has been convicted of the charges leveled against him under sections 8 (B) and 20 (B) of NDPS Act (hereinafter referred to as 'the Act' ). The accused was ordered to undergo rigorous imprisonment for ten years and fine of Rs. one lakh in default to undergo simple imprisonment for one year.

(2.) THE brief facts of the prosecution case are as under:

(3.) MS. Rekha Kapadia, learned advocate appearing on behalf of the appellant has submitted that the muddamal material was not weighed at the scene of offence but was weighed at the police station. She has submitted that the independent witnesses were present at the time of raid but no one deposed that the material was weighed in their presence.