RAMKISHAN DANGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1117 of 2007 has been filed by the appellant-original accused No. 1 being aggrieved and dissatisfied with the judgment and order dated 3-8-2007 passed by the learned Addl. Sessions Judge, Fast Track Court No. 1, Ahmedabad, in Sessions Case No. 166 of 2005 (NDPS) whereby the appellant was convicted for the offence under Sec. 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' for short), and sentenced to suffer RI for five years and to pay fine of Rs. 50,000/- in default, to suffer further RI for 3 months. He was given set off for the period already undergone in jail. However, the original accused No. 2 was acquitted by the trial court.

(2.) CRIMINAL Revision Appln. No. 209 of 2008 has arisen in view of notice issued by the Court (Coram: C. K. Buch,j.) vide order dated 5-10-2007 for enhancement of sentence.

(3.) THE case in short is that the appellant was found in possession of 'ganja' weighing 18 kg at Ahmedabad Railway Station Taffic Outgate on 28-2-2005. Since he did not hold any pass and permit for the same, he was arrested along with another person namely Prabhudas @ Das, son of Babubhai Solanki in connection with the same and offences punishable under Sections 8 (c), 20 (b)1 and 29 of the Act were registered against them and investigation started. At the end of investigation, as prima facie case was found against the accused, charge sheet was submitted against them in the Court of learned Magistrate. The case was then committed to the Court of Sessions at Ahmedabad City where it was numbered as Sessions Case No. 166 of 2005 (NDPS ). The charge was framed against the accused which was read over and explained to them. They pleaded not guilty to the said charge and claimed to be tried. To prove the guilt against the accused, the prosecution examined 12 witnesses and produced and relied upon documentary evidence numbering 11. On submission of closing pursis by the prosecution, learned Addl. Sessions Judge recorded further statement of the accused under Sec. 313 of Code of Criminal Procedure qua incriminating evidence.