DASHARATH BHANVARLAL RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN these two appeals appellants -original accused persons in N.D.P.S. Case No. 8 of 2000 were found guilty for having committed offences punishable under Sections 18 and 29 of the Narcotic Drugs and Psychotropic Substances Act ('N.D.P.S.' Act) and sentenced to Rigorous Imprisonment for 9 years and to pay fine of Rs. 90,000/ - and in default to undergo Simple Imprisonment for 2 years by the impugned judgment and order dated 07.02.2004 passed by the learned Special Judge, Fast Track Court No. 4, Vadodara which is directly challenge before us in this appeal.

(2.) IN order to appreciate the merits of this appeal and challenge against it a few material and relevant facts may be articulated at this juncture. According to the prosecution case, P.S.I I.M. Rathwa and other staff members were on patrolling as per the instruction of P.S.I in the area of Padra Town. During the course of time prohibition Constable Abdul Kadar Sabarali received a secret information that the accused persons were sitting with opium on their cycle nearby Shiv Petrol Pump which is on National Highway No. 8. This information was given to P.I of Vadodara Prohibition Police Station who was in additional charge of Padra Prohibition Police Station. On receipt of information two panchas were called and apprised of them of the information. On a search being conducted at the place no prohibition muddamal was found. Upon further search, they found opium from the tyre tube of the bicycle of the accused persons. On weighing it was found to be 2100 gm worth Rs. 12000/ - per 1 kg totalling to Rs. 25000/ -. Out of that 10 gms of opium was taken as sample and it was properly sealed and put the slip signed by panchas and police as described in the panchnama. Rest of the muddamal was kept in the plastic bag itself and slip signed by the panchas and police personnel was put on it. On inquiring from the accused it was found that the said opium has been brought from their native. Thereafter accused were arrested and seizure memo was prepared. Thereafter, complaint was prepared and accused along with the complaint, panchnama and muddamal were sent to Police Station for registering the offence where it was registered under the provisions of N.D.P.S Act and accused were sent to judicial authority.

(3.) 0 When the appeal has come up for hearing, Mr. U.S. Brahmbhatt,who has been appointed as the Counsel to appear on behalf of the appellants has stated at the bar that he would restrict his arguments only on the point of sentence.