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2015 Supreme(Guj) 435

S.G.SHAH
Devabhai Arjanbhai Modhwadia – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Yogesh G. Dev, Advocate
For Respondents/Defendant: K.L. Pandya, APP

Judgment

S.G. Shah, J.

1. Heard learned advocate Mr. Yogesh G Dev for the appellant and Ld. APP Mr. KL Pandya for the respondent - State.

2. By impugned judgment and order dated 5/2/2008 rendered in Sessions Case No. 30/2007, Fast Track Court Judge cum Special Judge under the Narcotic Drugs and Psychotropic Substances Act [for short 'the NDPS Act'], Porbandar, has convicted the appellant under section 20 [b] of the NDPS Act and sentenced to undergo rigorous imprisonment [RI] for 10 years with fine of Rs. 1 lac and in default of payment of fine, he has to undergo RI for one year. Such conviction is pursuant to the offence registered with Bagvadar Police Station as C.R. No. II 30/2007 wherein after investigation, charge-sheet was filed and appellant was tried in aforesaid Sessions Case.

3. The sum and substance of the prosecution case is to the effect that on 14/4/2007, P.S.I. Mr. Chavda of Bagvadar Police Station has received information that the present appellant is dealing with Charas in his house and, therefore, P.S.I. Mr. Chavda has conducted raid at the residence of the appellant, where he found 980 Grams of Charas having market price of Rs. 19,600/-, for which he has drawn Panchna






















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