STATE OF MAHARASHTRA Vs. SHOBHA GANESH GAIKWAD

JUDGEMENT

(1.) The State has preferred this appeal against acquittal of the accused-Respondent for the offence punishable under Section 20(b)(i) of the NDPS Act byte learned Additional Sessions Judge, Thane, in Sessions Case No. 6 of 1990.

(2.) Prosecution case in brief is that on 18th August, 1989, PSI Judah and PW2 PSI Manvar attached to Ambernath Police Station were present at the police station. Information was received by them that a woman wearing red and yellow color saree would be proceeding from Ambernath railway station towards Vandra Pada with a plastic satchel containing Ganja. PSI Judah reported the matter this superior officers viz. PI Sawant and PI Khanvilkar. After taking necessary instructions from them, he called two pinch witnesses and informed them about the purpose of the raid. Thereafter, PSI Judah and PSI Manvar and two pinch witnesses went to the bus stop near Fatima High School at Vandra Pada side. Within 5 to 7 minutes, a woman wearing red and yellow color saree was seen coming with white plastic satchel in her hand. Her personal search was taken. After completing all the formalities, a plastic satchel in her hand was opened. It contained about 300 gram Ganja. The said packet was then wrapped in a paper and was duly sealed and seized under panchnama Exhibit-10. Middleman property was deposited at the police station and later on, it was sent to Chemical Analyzer along with covering letter Exhibit-20. Chemical Analyzer at Exhibit 21 confirmed that the packet contained Ganja. After investigation, charge sheet was filed against the accused. Charge was framed and she pleaded not guilty. On behalf of the prosecution, in all 5 witnesses were examined. After hearing the evidence, the learned trial court acquitted the accused mainly on the ground that the mandatory provisions contained in Section 50 about taking personal search of the accused were not followed.

(3.) Heard the learned APP for the State. None appears for the accused though it appears that she has engaged some Advocate. Perused the record and proceedings of the trial court.