NAVINKUMAR Vs. STATE
LAWS(GJH)-2005-12-55
HIGH COURT OF GUJARAT
Decided on December 26,2005

NAVINKUMAR Appellant
VERSUS
STATE Respondents


Referred Judgements :-

CHANDRAKANT NAGINDAS MODI V. STATE OF GUJARAT [REFERRED TO]



Cited Judgements :-

GOVINDBHAI BEHCHARBHAI KASODARIA VS. STATE OF GUJARAT [LAWS(GJH)-2009-1-40] [REFERRED TO]
RAMUBHAI JATARBHAI VASAVA VS. STATE OF GUJARAT [LAWS(GJH)-2009-1-60] [REFERRED TO]
KAKADIYA BHAGWANBHAI ARJANBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2010-8-466] [REFERRED TO]
IQBALBHAI JIVABHAI SHAIKH AND ANR VS. STATE OF GUJARAT AND ANR [LAWS(GJH)-2010-4-319] [REFERRED TO]
CHANDRAKANT TRIBHOVANDAS JOBANPUTRA VS. STATE OF GUJARAT [LAWS(GJH)-2007-3-272] [REFERRED TO]
YUSUFKHAN ABDUL HAMIDKHAN PATHAN VS. STATE OF GUJARAT [LAWS(GJH)-2007-2-234] [REFERRED TO]
SOHANLAL KASIRAM BRAHMIN VS. STATE OF GUJARAT [LAWS(GJH)-2006-10-41] [REFERRED TO]
JIVABHAI BHAYABHAI KHACHAR VS. STATE OF GUJARAT [LAWS(GJH)-2006-11-93] [REFERRED TO]
JESO ALIAS JESING LADHUBHAI DHAMECHA (KOLI) VS. STATE OF GUJARAT [LAWS(GJH)-2007-1-139] [REFERRED TO]
DASHRATHSINH SAMPATSINH RAJPUT VS. STATE OF GUJARAT [LAWS(GJH)-2007-2-138] [REFERRED TO]
BHAGABHAI BHIKHABHAI RABARI VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-178] [REFERRED TO]
RAJESHWARSING NATTHUSING VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-218] [REFERRED TO]
JASHUBHAI HUKMAJI RAJPUROHIT VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-222] [REFERRED TO]
KANUBHAI HAMIRBHAI DHANDHAL VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-253] [REFERRED TO]
NAZIR AHMAD ALIAS AHMAD ALIAS RAJU AHMAD NABIBBHAI GOHRI VS. STATE OF GUJARAT [LAWS(GJH)-2011-7-70] [REFERRED TO]


JUDGEMENT

H.B.ANTANI, J. - (1.)Present appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, questions legality of judgment dated January 19, 2000, rendered by the learned Special Judge & Additional Sessions Judge, Mehsana Camp at Patan, in Special N.D.P.S.Case No.2 of 1999, by which the appellant is convicted under Sections 15, 20, 21 & 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to suffer R.I.for ten years and fine of Rs. 1 Lakh, in default, S.I. for three years, for each of the offences.
(2.)The short facts giving rise to the present appeal are as under : Mr.Dashrathsinh Joravarsinh Vaghela, Police Sub-Inspector, Rapid Response Cell, Gandhinagar, received an information on 8.10.1998 that person named Navinkumar alias Shambhuprasad alias Shambhu-maharaj Chimanlal Vyas, residing at Rangfali Rudra Mahalay, near Rudra Mahalay Sidhpur, was dealing in ganja/charas etc. On receipt of the information, he reduced the same into writing. He went to Sidhpur Rest House and requisitioned services of two panch witnesses and returned to Sidhpur Police Station. The first part of panchnama was drawn at Sidhpur Rest House. Thereafter, the raiding party along with panch-witnesses went to the place mentioned in the information received by Mr.D.J.Vaghela in a government vehicle. On reaching the place situated in Rangfali, Rudra-mahalay Maholla, PSI Mr.Vaghela called out name of the appellant, as a result of which, one person came down from first floor of the house. He was interrogated by PSI Mr.Vaghela and on being asked, the person stated that his name was Navinkumar alia Shambhuprasad alias Shambhu-maharaj Chimanlal Vyas (i.e. the appellant). PSI Mr.Vaghela introduced himself to the appellant and informed the appellant that an information was received that he was dealing in charas and ganja and, therefore, it was necessary to search his house. The panch-witnesses, who were members of the raiding party, were also introduced to the appellant. Before effecting search of the house of the appellant, Mr.Vaghela offered the appellant to search his house in presence of a Magistrate or a Gazetted Officer, but the said offer was declined by the appellant. Thereupon, the house belonging to the appellant, consisting of three rooms, was searched, which resulted into find of ganja, charas, poppy husk and 22 packets of Madhu-Munakka tablets containing psychotropic substance, namely, Tetrahydroc Anna Bional. Mr.Vaghela demanded from the appellant pass or permit authorising him to possess ganja, charas and psychotropic substance, but none could be produced by the appellant. Samples of 250 grams of ganja, 250 grams of poppy husk, 20 grams of charas, and the tablets of madhu-munakka, were drawn and sealed to be sent to F.S.L. for detailed analysis. The second part of panchnama was drawn. The samples were sent to F.S.L. for the purpose of detailed analysis. The appellant and his wife, who was also present in the house were arrested. PSI Mr.Dasharathsinh J.Vaghela lodged complaint against the appellant and his wife, and forwarded his complaint, muddamals, panchnama etc. with the accused to Police Inspector, Sidhpur Town Police Station. Necessary investigation into complaint of Mr.Vaghela was made by Mr.Nanjibhai Surjibhai Ninama of Sidhpur Police Station. On receipt of the report from F.S.L., which indicated that the substances seized from the possession of the appellant were narcotic drugs and psychotropic substance within the meaning of the Act, the investigating officer submitted charge-sheet in the Court of learned Special Judge, Mehsana, on the basis of which Special N.D.P.S.Case No.2 of 1999 was registered against the accused.
(3.)The learned Special Judge framed charge against the two accused at Exh.18 for commission of offences punishable under Sections 15, 20(b), 21 & 22 of the Act. The charge was read over and explained to them, who pleaded not guilty to the same and claimed to be tried. The prosecution, therefore, examined: (1) Police Constable Dilipsinh Mafaji Vaghela as PW.1 at Exh.21, (2) PSI R.R.Cell Mr.Dasharathsinh Joravarsinh Vaghela as PW.2 at Exh.26, (3) Panch Rajeshkumar Khanchandbhai Rathod as PW.3 at Exh.38, (4) Panch Nanjibhai Bijalbhai Raval as PW.4 at Exh.40, (5) Panch Shantiji Madarji Thakor as PW.5 at Exh.41, (6) Bhupatji Ghemarji Thakor as PW.6 at Exh.43, (7) Unarmed Head Constable Kirtisinh Pratapsinh Chauhan as PW.7 at Exh.45, (8) Shantilal Bhavarlal Shah as PW.8 at Exh.49, (9) Investigating Officer Mr.Vikramsinh Shivsinh Raol as PW.9 at Exh.51, (10) Devendrakumar Haribhai Desai, P.S.O. of Sidhpur Police Station as PW.10 at Exh.52, (11) Assistant Director of F.S.L. Dr.Mohindersing Jogeram as PW.11 at Exh.54, (12) Markan Kantilal Pathak as PW.12 at Exh.59, (13) Investigating Officer Mr.Ambuji Ramaji Bhati as PW.13 at Exh.61, (14) Prabhudas Ramgopal Sharma as PW.14 at Exh.62, and (15) Investigating Officer Nanjibhai Surajibhai Ninama as PW.15 at Exh.63, to prove its case against the accused. The prosecution also produced documentary evidence such as; entry made in the station-diary at Exh.27, complaint lodged by Mr.D.J.Vaghela at Exh.28, report forwarded to P.I. Sidhpur Police Station by PSI R.R.Cell, Gandhinagar Range at Exh.29, resolution passed under Section 42 of the Act at Exh.30, seizure-memo served on accused at Exh.31, arrest-memo at Exh.32, original slips bearing signatures of panch-witnesses at Exhs.34 to 37, letter written by P.I. Sidhpur Police Station to Director of F.S.L. requesting him to accept muddamal sent through Kirtisinh at Exh.46, note which was sent to F.S.L. by R.R.Cell, Gandhinagar Range, Gandhinagar at Exh.47, letter written by Assistant Director, F.S.L. to P.I.Sidhpur Police Station at Exh.48, certificate given by Shantilal Bhavarlal Shah, who weighed the muddamal articles, at Exh.50, report of F.S.L. for having received muddamal for analysis at Exh.55, report of analysis at Exh.60 etc., in support of its case against the accused.


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