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2024 Supreme(Guj) 1782

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIMAL K. VYAS, J.
State Of Gujarat - Appellant
Versus
Rughnathram Laduji Jivaji Vishnoi (GILA) – Respondent
R/Criminal Appeal (For Enhancement) No. 2601 Of 2024
Decided On : 11-12-2024

Advocates Appeared:
For the Appellant : Ms Shruti Pathak, APP.

IMPORTANT POINT
The appellate court should respect the trial court's discretion in sentencing unless the sentence is manifestly inadequate or illegal.

Headnote:

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 418 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c) and 17(b) - Conviction for possession of opium - Respondent-accused found with 409 grams of opium, sentenced to three years' rigorous imprisonment and a fine of Rs.10,000 - Trial court's reasoning for lenient sentence considered age and family background of accused, but High Court found no grounds for enhancement - No infirmity in trial court's discretion. (Paras 10, 12, 14)

(B) Sentencing Principles - The appellate court should not interfere with the trial court's discretion unless the sentence is manifestly inadequate or perverse. (Paras 12, 13)

JUDGMENT :

VIMAL K. VYAS, J.

1. This enhancement appeal is being filed by the State under Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the judgment and order of conviction and sentence dated 09.07.2024 passed by the learned Special (NDPS) Judge and 2nd Additional Sessions Judge, Banaskantha at Deesa, in Special (NDPS) Case No.12 of 2021, whereby the learned Special Judge convicted the respondent-appellant (i.e. the original accused no.1) for the offences punishable under Sections 8(c) and 17(b) of the Narcotic Drugs and Psychotropic Substances Act, 354D(1)(i) of the Indian Penal Code, 1985, and sentenced him as under :

Section under NDPS Act

Imprisonment

Fine Amount

In default of payment of fine

8(c), 17(b)

Rigorous Imprisonment for three years

10,000

Simple Imprisonment for six months

2. The case of the prosecution, in a nutshell, is as under :

    (i) That on 21.06.2021 while the G.R.D. Dineshkumar Samartaji Chaudhari and others were on duty and checking the vehicles at the Nenava Check Post, at that time, the present respondent-accused was found sitting on the rear seat of the Eco car with conscious possession of opium weighing 409 grams. On asking to produce the permit/license, the respondent-accused failed to produce it. Thereafter, the samples were taken and the same were sent for the examination. During the course of inquiry, statements of the witnesses conversant with the incident were recorded and during the investigation, the name of the co-accused, namely, Aashanbhai Vishnaji Mali was disclosed.

    (ii) That a complaint came to be lodged against the present respondent-accused at the Dhanera Police Station, District Banaskantha, for the offences punishable under Sections 8(c), 17(b) and 29 of the NDPS Act, which was registered as I-CR No.11195018210713 of 2021.

    (iii) That pursuant to the FIR, the investigation was carried out, and during the investigation, the necessary panchnamas were drawn and the statements of the witnesses conversant with the incident were recorded. After the completion of the investigation, charge-sheet came to be filed against the present respondent-accused for the offences punishable under the provisions of the NDPS Act before the learned 2nd Additional Sessions Judge, Banaskantha at Deesa, which was registered as Special (NDPS) Case No.12 of 2021.

    (iv) The learned Additional Sessions Judge framed the Charge vide Exh.18 against the present respondent-accused, whereupon the respondent-accused pleaded innocent and claimed to be tried.

3. To bring home the charge against the respondent-accused, the prosecution examined, in all, 16 witnesses and adduced 44 documentary evidence in support of the case, which are as follow:

WITNESSES

NO.

NAME

EXHIBIT

1.

Visaji Sagnathji Rathod, P.S.O.

23

2.

Dhirendra Naranbhai Panchal, Circle Officer

28

3.

Parasmal Mafaram Parmar, Eco Driver

35

4.

Jitendrakumar Devabhai Dabhi, Panch

41

5.

Gulabsinh Kalusinh Waghela, Weighing Machine Panch Witness

54

6.

Deep Manharkumar Patel, Scientific Officer

58

7.

Rasengbhai Khanabhai Chaudhari, Complainant

63

8.

Naranbhai Ghudabhai, Writer Head

66

9.

Sureshbhai Haribhai Fof, Police Witness

69

10.

Kantibhai Ganeshbhai, Driver of the Government Vehicle

73

11.

Jitendrakumar Bhathibhai Chaudhari, Raiding Party Officer

78

12.

Karankumar Dardhabhai Chaudhari, Panch

87

13.

Jorsinh Bhupatsinh Kalma, Check Post Witness

90

14.

Govindbhai Narnaji Patel, Police Witness

93

15.

Rituben Manojkumar Sharma, F.S.L. Officer

98

16.

Bharbhai Chhelabhai Chhatraliya, I.O.

103

17

Aabadkhan Dadmiya Ghasura, I.O.

104

 

DOCUMENTARY EVIDENCE

SR. NO.

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