YOGESH RAMBHAU URKUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED No. 1 Yogesh Rambhau Urkude in Special Criminal Case No. 23/1999 on the file of Special Judge (N. D. P. C. Court), Nagpur has challenged the order of conviction and sentence passed against him. He was convicted of the offences under section 20 (b) (i) and section 29 of Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as "n. D. P. S. Act", and was sentenced to suffer R. I. for 2 years and to pay a fine of Rs. 5,000/- or in default to suffer R. I. for 3 months more for the offence under section 20 (b) (i) of N. D. P. S. Act and to suffer R. I. for 1 year and 6 months and to pay a fine of Rs. 5,000/- or in default to suffer R. I. for 3 months more for the offence under section 29 of N. D. P. S. Act. The substantive sentences were directed to run concurrently. Accused No. 2 Shankar s/o Ramlu Chatala was also convicted of the abovesaid offences and was sentenced, but he has not preferred any appeal. Accused No. 3 Jyoti w/o Yogesh Urkude was acquitted of the offences with which she was charged. Thus, accused No. 1 Yogesh s/o Rambhau Urkude is the only appellant before this Court.

(2.) THE case of the prosecution is as follows :

(3.) THE charge of the offences under sections 20 (b) (i), 25 and 29 of the N. D. P. S. Act was framed against accused No. 1 Yogesh who is the appellant herein and that of the offences under sections 20 (b) (i) and 29 of N. D. P. S. Act was framed against accused No. 2 Shankar and No. 3 Jyoti. The charge was explained to the accused persons and they pleaded not guilty. Their defence was of denial. The defence of accused No. 1, as it is revealed from the cross-examination of the prosecution witnesses made by the learned Counsel is that, the house which was searched was not owned and possessed by him.