MOHAMMED VAKIL MOHAMMED AMIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THREE appeals challenge the judgment dated 14th/15th May, 1997 in NDPS Special Case No.126 of 1994. The three appellants were Accused Nos.1, 3 and 2 respectively in the said case. (Henceforth the appellants are referred to by their status as before the trial court for the sake of brevity).

(2.) THREE appellants alongwith two more accused persons were charged for the offences punishable under Sections 29, 21 read with 8(c) of NDPS Act, 1985 viz. criminal conspiracy of possession of heroin in contravention of prohibition under Section 8(c) of the said Act. (NDPS Act 1985, henceforth shall be referred to "the said Act"). Original Accused no.5 was absconding. At the conclusion of trial, Ld. Special Judge acquitted Accused Nos.1, 2 and 3 viz. the present appellants, so far as charge of criminal conspiracy is concerned. However, all of them are held guilty for independently possession heroin. Each of them is sentenced to suffer RI for 10 years, fine Rs.1 lakh in default further sentence of six months. They are also given set off for under trial detention period. Conviction and sentence is under challenge by the present appeals.

(3.) PROSECUTION has examined six witnesses, PSI Shri Nigade who is complainant (PW-1), API Shri Vatkar (PW-2) and WSI Smt.Sawant, who is IO (PW-6) are the members of raiding party, on both the occasions. Lady Police Constable Smt.Nanda (PW-5) had taken the samples to Forensic Science Laboratory. PW-3 Hemant is panch witness to the first raid, whereas PW-4 Rajesh Tawade witnessed second raid as panch witness.