CAV JUDGMENT

(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)

1. Both these appeals have genesis in the judgment and order dated 20.8.2014 passed by learned Special Judge, Court No.3, City Sessions Court, Ahmedabad, in Special NDPS Case No.12 of 2012, whereby the accused is convicted for the offences under Sections 8(c) and 20 (b) (ii) (B) of the NDPS Act and sentenced him to suffer rigorous imprisonment for seven years and to pay fine of Rs.50,000/- and in default thereof further to suffer rigorous imprisonment for one year. At the same time, the accused came to be acquitted for the offence punishable under Section 29 of the NDPS Act.

2. Criminal Appeal No.1233 of 2014 is preferred by Narcotic Control Bureau, the appellant and original complainant, under Section 377 of the Code of Criminal Procedure, 1973 (for short, “the Code”) seeking enhancement of sentence on the ground that imposition of sentence is less than minimum sentence as per the provisions of Section 20 (b) (ii) (C) the Act and considering the commercial quantity of the contraband viz. Charas weighing 3.010 kgs. the accused deserved maximum sentence at the end of the trial.

3. Criminal Appeal No.775 of 2015 is preferred under