ORAL JUDGMENT

The present appeal is preferred against the judgment and order dated

21st February, 2009, passed by the learned Special Judge ( under Narcotic Drugs and Psychotropic Substances Act, 1985 Act ), Surat, in NDPS case No. 1 of 2003. By the said judgment and order, the appellant herein was convicted for the offences under section 8(c) read with section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’), and sentenced to rigorous imprisonment for ten years, and to pay fine one lakh rupees, and in default of payment of fine, to undergo rigorous imprisonment for further period of one year. It was directed that the accused-appellant would be entitled to benefit of set-off etc..

2. Stated briefly, the prosecution case was that when on 16.10.2002, Shri K. K. Patel, Police Sub Inspector, DCB Police station, Surat was on duty, at that time, the PSI of Kalavad Police station came to the DCB office and requested for help. One Haroon Siddik Odia was accompanying him. It was stated by said PSI that against the said Haroon Siddik Odia, offences under the NDPS Act were registered at Kalavad Police station at Crime Register N