Criminal Appeal No. 2144 of 2008. Case: Narbheram @ Munno Laxmanbhai Joshi Vs State of Gujarat. High Court of Gujarat (India)
| Case Number | Criminal Appeal No. 2144 of 2008 |
| Counsel | For Appellant: Rekha H. Kapadia, Adv. And For Respondents: H.H. Parikh, APP |
| Judges | Z.K. Saiyed, J. |
| Issue | Criminal Procedure Code (CrPc) - Sections 313 and 374; Narcotics Drugs and Psychotropic Substances Act - Sections 22 and 31 |
| Judgement Date | September 14, 2010 |
| Court | High Court of Gujarat (India) |
Judgment:
Z.K. Saiyed, J., (At Ahmedabad)
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The appellant-original accused has filed this Appeal under Section 374 of Cr.P.C. against the Judgment and order of conviction and sentence dated 31.3.2005 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Rajkot, in N.D.P.S. Case No. 08 of 2004, whereby the learned Additional Sessions Judge has held the appellant/accused guilty for the offence under Section 22 and 31 of N.D.P.S. Act and sentenced him to undergo Rigorous Imprisonment for 5 years with fine of Rs. 50,000/- i/d to further undergo RI for one year.
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The brief facts of the case of prosecution are that on 12/9/2004 at about 17.50 hours the Police Officer received the information from the informant that one Narbheram @ Munno Laxmanbhai Joshi (appellant/accused herein) who is wearing green pant and yellow shirt is illegally selling the brown-sugar. The said information was noted down in Control Room, station diary No. 10/2004 and the same was also reported to the Deputy Commissioner. It is alleged that the Officer from F.S.L. was also informed to come with kit. Two Panchas were called and preliminary panchnama was prepared. Thereafter, as per the information the Police party along with the Panchas reached the spot and upon seeing the person with aforesaid description (appellant herein) stopped him and upon searching him found one plastic bag containing contraband article (brown-sugar), weighing 9 grams was found from the pocket of pant of the appellant. Thereafter the appellant/accused was arrested.
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Necessary investigation was carried out by the Police and after completion of investigation the charge-sheet against the accused came to be submitted before the Court. The learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.
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To prove the case against the accused the prosecution has examined the witnesses and also relied upon documentary evidence and at the end of trial, after recording the statement of the accused under Section 313 Cr.P.C., and after hearing the arguments on behalf of the prosecution and the defence, the learned Additional Sessions Judge held the appellant/accused guilty of the offences charged against him and awarded sentence as narrated herein above.
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Being aggrieved by and dissatisfied with the aforesaid Judgment and order of conviction and sentence the appellant/accused has preferred this Appeal.
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Heard...
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