MASTAN GOUSE MOHIDEEN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The appellant/A-1 herein who stood charged and tried along with another under S.8(c) r/w 21 and 29 of N.D.P.S. Act, was found guilty by the Court below and convicted under S.8(c) r/w 21 of N.D.P.S. Act and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1.00 lakh and in default to undergo one year R.I. while the second accused was acquitted.

(2.) . The facts which led the lower Court to frame the charges under the provisions of the NDPS Act can shortly be stated as follows:

(3.) . After following the procedural formalities, the prosecution was asked to adduce evidence. In order to prove the case, the prosecution has examined P.Ws.1 to 8 and marked Exs.P1 to P37 and M.Os.1 to 8. When the accused 1 and 2 were questioned as to the incriminating circumstances found in the evidence, they have flatly denied the same. No defence witnesses were examined. The Court found the appellant/A-1 guilty under the above stated provisions of the Act and sentenced him as stated supra, while acquitted A-1. Aggrieved appellant/A-1 has brought forth this appeal.