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

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 :

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: