NAGHA MAHBATSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This conviction appeal arises from the impugned judgment and order dated 18/8/1990 rendered by the Ld. 2nd Joint District Judge and Addl. Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 148/1988. The accused Nagbha Mahobatsinh Zala has been convicted of the offence punishable u/S. 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000.00 and in default to undergo rigorous imprisonment for one year. Muddamal has been directed to be confiscated and sent to Excise and Prohibition Department.

(2.) As per the prosecution case, Mr.B.N. Thumar, Police Sub Inspector, Dhandhuka Police Station had received information on or around 22/10/1988 that the accused, inhabitant of village Sarval was to carry with him opium at the Dhandhuka S.T. Bus Stand. He, therefore, called two panch witnesses and in their company as also in the company of the policemen, who were present at the police station, proceeded to the Dhandhuka S.T. Bus Stand after explaining the substance of the information received by him to the Panch witnesses. He saw to the S.T. Bus Stand to be cordoned at 13.05 hours for keeping a watch in respect of the person for whom information was received as aforesaid. Upon the accused reaching the entrance of the S.T. Bus Stand, P.S.I. Mr. Thumar stopped him asking him his name. The accused disclosed his name as aforesaid. Mr. Thumar searched him in the present of the Panch witnesses and found black substance from the jacket which the accused had put on. Upon opening of the black substance, it was found to be smelling opium, which substance was around 450 grams in weight and valued at Rs.1350.00. Upon being asked, the accused revealed that he did not have any pass or permit. Mr. Thumar thereafter took a sample of 25 Grams of opium in a small plastic bag. Both the bags thereafter were sealed after affixing slips bearing the signatures of the Panch witnesses and the P.S.I., Dhandhuka. The Panchnama was drawn between 14 to 15 hours on that day. Mr. Thumar then gave complaint u/S. 66 A of the Bombay Prohibition Act and section 17 of the NDPS Act. He had taken the accused and the Muddamal to the Dhandhuka Police Station and handed them over to the Writer head. Forwarding letter exh. 33 was also handed over alongwith Muddamal which was sent through S.D.P.O. Dholka Division to the Forensic Science Laboratory (for short 'FSL'). Upon receipt of the report from the FSL charge-sheet was filed and the accused was committed to the Sessions Court. Upon transfer of the matter to the Ld. Addl. Sessions Judge the accused came to be charged for the offences punishable under sections 17 and 20 B of the NDPS Act.

(3.) The prosecution examined following witnesses :-