9911796707
TMI Blog2016 (10) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... 29 NDPS Act. By an order dated 31.08.2013, he was awarded RI for ten years with fine Rs. 1.5 lacs under Section 20(b)(ii)(C) NDPS Act; RI for ten years with fine Rs. 1.5 lacs under Section 29 NDPS Act. The sentences were to operate concurrently. 2. Briefly stated, the prosecution case as stated in the complaint was that on 31.01.2007, R.R.Kumar, Superintendent, NCB received a secret information that the appellant along with his associates Julian and Gautambhai Gheewala @ LD was indulging in illicit business of huge quantity of charas and was supplying it to oversea parties and that they had already booked a container for Canada wherein huge quantity of charas has been concealed and that the said container had left Nhawa Sheva port, Mumbai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ositive result for hashish. The total weight of the recovered substance came out to be 870 grams. Two samples of 25 grams each were drawn out from each of the four packets. The other raiding team was successful to recover 1209 kg. of Hashish from the appellant's godown. Relevant proceedings were conducted at different stages of investigation. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a complaint was filed against the appellant along with Rakesh Kumar (since acquitted), Julian Kanoui (since Proclaimed Offender) and Gautambhai Gheewala (since Proclaimed Offender). The trial resulted in his conviction as aforesaid. 3. It is relevant to note that co-accused Rakesh Kumar was acquitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce was reduced from RI for 3 years to RI for 6 months. The appellant therein was found in possession of 500 grams of brown sugar and was convicted for the offence punishable under Section 8(c), 21 and 29 of NDPS Act. The Division Bench of Gujarat High Court had dismissed the Crl. A. No. 11 & 75/2002 vide order dated 08.07.2002. 8. Taking into consideration Section 30 of Cr.P.C. and the judgment of 'Shahejadkhan Mahebubkhan Pathan vs. State of Gujarat', (supra), the sentence order is modified to the extent that default sentence for non-payment of total fine Rs. 3 lacs shall be SI for one and a half month under both the offences. Other terms and conditions of the sentence order are left undisturbed. 9. Appeal stands disposed of in the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
