BANOBI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are challenging in this appeal, their conviction under section 21 of The Narcotic Drugs and Psychotropic Substances Act, 1985. They have been convicted for keeping charas in their possession without any licence or permit. Appellant No. 1 has been convicted also under section 21 for possessing heroin.

(2.) The prosecution case was that acting on information that Banobi- Appellant No. 1 and her husband Appellant No. 2 were keeping in their possession brown sugar and opium in their house and selling the same, P.I. Sheikh along with Lady Police Constable Pramila and two panch witnesses raided their house action 2.45 p.m. on 28-11-88. From the house one packet of charas containing 13 grams and 700 ml. grams was found concealed in a hollow space near the hearth in that house. On search by lady Police Constable Pramila, 13 small packets containing heroin were also found from the person of appellant No. 1. Though appellant No. 2 was not present at that time, it was alleged that he alongwith his wife was in possession of those substances. On these allegations both the appellants were tried for the offence stated above.

(3.) The trial Court believed the evidence of P.W. 4- P.I. Sheikh, P.W. 1- Mohasin, the panch witness, and P.W. 2 Lady Police Constable Pramila and held that prosecution has successfully established that appellant No. 1 was in possession of heroin as well as charas and that appellant No. 2 was in possession of charas and that they did not have any licence or permit to possess the same. The trial Court convicted them. The High Court has confirmed their conviction as it also agreed with the appreciation of evidence by the trial Court and the findings recorded by it.