RATAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant (Accused No.1) along with co-accused Sunderpal Rai is facing prosecution for the offence punishable under Section 15(b)(c) , 17(b)(c) , 18(b)(c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 ('Act' for short) in NDPS Case No.8 of 2018 before the learned Special Judge at Nashik.

(2.) On the basis of prior information a raid was conducted by P.I. Shri.Wagh attached to the Panchwati Police Station on 06 th August 2018 in which the applicant was found to be carrying poppy straw in three plastics bags in the dickey of his pleasure motor cycle No.MH-15-DB-6885. The total quantity of the poppy straw found in the three bags was 3 kg 150 grams (1 kg 150 grams each). The three plastic bags were accordingly numbered as A,B and C and from each of the bags three samples of 50 grams each were taken out which were numbered as A1, A2, A3, B1, B2, B3 and C1, C2, C3.

(3.) According to the prosecution, the applicant then led the raiding party to a room in which there were three plastic bags found containing poppy straw worth 81 kg 05 grams (25 kg 150 grams + 23 kg 750 grms + 32 kg 150 grams). The bags were numbered as D, E and F and three samples of 50 grams each, were drawn from each of the bags which were numbered as D1, D2, D3, E1, E2, E3 and F1, F2 and F3.