STATE OF MAHARASHTRA Vs. SHIVAJI SHANKAR BHINTADE

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the Appellant-State aggrieved by the judgment and order dated 17th May, 2000 passed by learned Sessions Judge, Satara in Sessions Case No.48 of 1998 whereunder respondent-accused was acquitted of the offence punishable under section 8 (b) read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").

(2.) The brief facts of the case are : Shri Shivaji Gangaram Rasal (P.W.3 ), Informant at the relevant time was attached to State Excise Office, Wai, when he received information that some of the agriculturist have cultivated opium-poppy plants in their fields at village Bavdhan. He also gave information to the Superintendent, State Excise, Satara and then on 25/02/1997 he along with panch witnesses and other staff members raided the field of respondent-accused bearing Gat No.3432 and found opium-poppy plants in his field. Out of those plants, two plants were uprooted and treated as sample plants and were duly sealed on the spot, remaining opium poppy plants were also seized separately on the spot and detail seizure panchnama was prepared with the help of panch witnesses.

(3.) P.W.3 Informant later on lodged report on the basis of which C.R.No.9/1997, under section 8 (b) read with section 18 of the NDPS Act came to be registered against accused and after necessary investigation accused was charge-sheeted. The accused abjured his guilt and put forth the case of false implication.