RAMUBHAI JATARBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 15. 7. 2005 rendered by the learned Special Judge and Additional Sessions Judge, 7th Fast Tract Court, Bharuch at Rajpipala, in Special (NDPS) Case No. 1/2004, convicting the appellants for the offences punishable under Sections 8 (C) and 20 (B) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["n. D. P. S. Act" for short] and sentencing each of them to undergo R. I for seven and half years with fine of Rs. 25,000/-, in default, S. I for one year.

(2.) THE facts of the case, in brief, are that the investigating agency arrested the appellants-accused in connection with keeping of contraband ganja weighing 19. 700 Kgs, worth Rs. 59,700/-, in the house of their possession and occupation situated at village Kondh of Valia Taluka, District : Bharuch, on 2. 1. 2004 at 5. 30 P. M. , without any pass or permit, with an intention to sell the same. After search, the muddamal was seized by drawing a panchnama in presence of panch-witnesses. The samples were also drawn thereunder and sent to F. S. L for analysis. The samples were analysised and F. S. L. Report indicated that the material seized was ganja. On the basis of that report, charge sheet was filed against both the accused persons and Special (N. D. P. S.) Case No. 1/2004 came to be registered before the Sessions Court at Rajpipla.

(3.) CHARGE was framed against both the appellants-accused at Exh. 4 for the offences punishable under Sections 8 (C), 20 (B) (II) and 29 of the N. D. P. S. Act. Both the appellants-accused pleaded not guilty to the charge and claimed to be tried.