1.5 lakhs each, in default, to further undergo RI for 3 years.
After following the procedure regarding search and seizure and after registering the case under the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the NDPS Act , the samples were sent to the Forensic Science Laboratory FSL for examination.
381 of 2000.
On 19.12.2000, after filing of the charge sheet, the case was companymitted to the Court of Session and numbered as Sessions Case No.
Questioning the same, the appellants herein have filed separate appeals by way of special leave before this Court.
11 and 75 of 2002 whereby the Division Bench of the High Court dismissed the appeals filed by the appellants herein and affirmed the judgment dated 10.12.2001 passed by the Additional Sessions Judge, Ahmedabad City in Sessions Case No.
Shahejadkhan Mahebubkhan Pathan and Narendrasinh Chandrashekhar Rai the appellants herein carrying 500 grams brown sugar narcotic substance at Kalupur Railway Station, Ahmedabad while they were traveling in Sarvodaya Express from Delhi to Ahmedabad through Ratlam.
Being aggrieved, the appellants herein filed Criminal Appeal Nos.
381 of 2000.
SO.1055 E dated 19.10.2001 and the provisions of the NDPS Act held that the quantity of the narcotic substance brown sugar falls under the head Commercial Quantity and found the appellants guilty for the offence punishable under Sections 8 c , 21 and 29 of the NDPS Act and sentenced them to suffer rigorous imprisonment RI for 15 years.
The Division Bench of the High Court, by impugned order dated 08.07.2002, dismissed the said appeals.
11 and 75 of 2002 before the High Court of Gujarat.
Heard Dr. Sushil Balwada, learned companynsel for the appellants accused and Ms. K. Enatoli Sema, learned companynsel for the respondent State.
Leave granted.
These appeals are directed against the final judgment and order dated 08.07.2002 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos.
In addition to the same, learned companynsel also prayed for modification of default sentence awarded by the Additional Sessions Judge, Ahmedabad City and companyfirmed by the High Court.
Sathasivam,J. Delay companydoned.
Brief facts On 04.09.2000, on a tip off, the Narcotic Cell, Police Bhavan, Gandhinagar, Gujarat arrested two persons, viz.,
The Additional Sessions Judge, Ahmedabad City, after companysidering the numberification of the Government being No.
