DHARMAVEER LEKHRAM SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these appeals arise out of judgment and order passed by the Special Judge, Greater Bombay, in N. D. P. S. Special Case No. 13 of 1994, wherein in all seven accused persons were involved for commission of the offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as N. D. P. S. Act), out of whom Accused Nos. 1 and 2 were convicted for the commission of the offence under section 22 read with section 8 (c) of the N. D. P. S. Act, and each of them was convicted and sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/-, in default to undergo R. I. for one year. They were also convicted for the offence punishable under section 29 read with section 8 (c) of the N. D. P. S. Act and sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/- each, in default to suffer R. I. for one year. The substantive sentences were directed to run concurrently. Accused Nos. 3, 4, 5, 6 and 7 were acquitted of all the offences. Convicted accused Nos. 1 and 2 have preferred Criminal Appeal No. 673 of 1996, whereas the State has preferred Criminal Appeal No. 14 of 1997 against acquittal of five accused persons. Both the appeals have been heard together.

(2.) THE facts giving rise to the case, in short, are thus :---

(3.) ALL the accused person pleaded not guilty to the charge framed against them. The defence of the accused is that of total denial of any criminal liability.