YESHWANT VITHAL PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants herein are convicted for the offences punishable under sections 8(c), r/w section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act"). The Accused Nos.1 - Ashok Saglani and Accused No.2 - Yashwant Patil are sentenced to suffer RI for 10 years and fine of Rs.1 Lakh each. Accused Nos.1 and 2 alongwith Accused Nos.3 - Bhima More and Accused No.6 - Chand Shaikh are also convicted for the offence punishable under section 29 r/w section 8(c) and section 20(b)(ii)(C) of NDPS Act to suffer RI for 10 years and fine of Rs.1 Lakh each vide Judgment and Order dated 21 st May 2013 passed by the learned Special Judge, N.D.P.S. Act, Thane. Being aggrieved by the said Judgment and Order, the appellants have filed the present appeals. The case of the prosecution in nutshell is as follows :-

(2.) During the search of the said car they had opened the box comprising 15 dark grey coloured cylindrical shape substances and weighed the said packets. The weight was 600 gm each. They had drawn samples from the said packets and they were tested by multiple narcotic drug field testing kit and the test was positive for presence of hashish. The total number of packets was 123 weighing 4.8 kg. The statements of the accused were recorded under section 67 of the NDPS Act and NCB had also seized personal belongings including the cell phones of the accused persons. After completion of investigation complaint was filed by PW12 and the case was registered as Special Case No.32 of 2012. The prosecution examined as many as 12 witnesses to bring home the guilt of the accused. The case of the prosecution mainly rests on evidence of PW1, PW2, PW4, PW6, PW8, PW10, PW11 and PW12.

(3.) PW1 - Mr. C. Fernandez was officiating as Superintendent in NCB Zonal Unit. According to him, on 13th January 2012 at about 3.45 pm he was informed by Mr. Dole that the accused persons are travelling from Gujrat to Mumbai. That they are carrying contraband articles in huge quantity and that it would be necessary to intercept the said vehicle at Charoti Toll Naka and he was directed to take further action. Information note is at Exh.36. Recitals of Exh.36 would show that the information was noted down at about 3.45 pm on 13th January 2012.