SRI SHANKAR DONGARISAHEB BHOSALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellant is a taxi driver. On 3/6/2010 at about 08:00 p.m., while the appellant was carrying two passengers, his taxi being Tata India Car No. MH-10-E-3932 was stopped by the Deputy Superintendent Police(for short, 'Dy.S.P.') at Belgaum whereupon the two passengers sitting at the back fled. The vehicle was searched and 20 kilograms of ganja which was packed in two visible bags were seized. The appellant was prosecuted under the Narcotic Drugs and Psychotropic Substances Act, 1985(for short, 'NDPS Act') and was convicted. He was directed to undergo rigorous imprisonment for ten years and to deposit a fine of Date: 2025.01.10 Rs.1,00,000.00(Rupees one lakh).

(2.) The appellant has already suffered seven years and one month of actual incarceration and presently, he is on bail.

(3.) Learned counsel appearing for the appellant has drawn our attention to the statement of the Dy.S.P. recorded on 22/2/2011, wherein he has admitted that the offending vehicle was a taxi and that when the said vehicle was stopped, the driver of the vehicle made no effort to run away but the two passengers in the car ran away. During the search, no incriminating material was found from the person of the appellant.