MOHAMMAD SHABIR SHAIKH BHIKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN all four accused were prosecuted under the N. D. P. S. Act before the Special Court, Bombay in N. D. P. S. Special Case No. 280 of 1992, one of them i. e. accused No. 4 was absconding. However, accused Nos. 1 to 3 came to be convicted by the Additional Sessions Judge, Greater Bombay, by his judgment dated 22-9-1997. Therefore, these accused have preferred and filed three separate appeals i. e. Criminal Appeal No. 733 of 1997 is filed by original accused No. 1 Mohammed Shabir Shabir Shaikh Bhikan; Criminal Appeal No. 651 of 1997 is filed by original accused No. 2 Sharifkhan Rashidkhan; and Criminal Appeal No. 685 of 1997 is filed by original accused No. 3 Sampat Tukaram Sangle. Accused No. 1 is important for the prosecution, both for his personal role as well as for leading police party to accused Nos. 2 and 3.

(2.) THE prosecution case, in brief, is as under :---Shri S. B. Pujari (P. W. 3) Sub-Inspector at Narcotic Cell, Bombay received information that accused No. 1 is manufacturing Mandrex tablets at Shah Compound, Shastri Nagar, Kalina Village. After reducing this information in writing, completing other formalities and after taking two panchas, a raid was carried out at the aforesaid premises. This is from where the prosecution case begins. Then thereafter accused No. 1 is shown to have been involved under N. D. P. S. Act in three different manners :-

(3.) THEREAFTER accused No. 1 revealed the name of accused No. 2 who was financing him and supplying Methaqualone which was seized from accused No. 1. P. W. 3 Pujari therefore raided the house of accused No. 1, but nothing was found in his house. However, accused No. 2 disclosed that they were running a factory at Sinnar, plot No. 103. The police party, therefore, went to the said factory where accused No. 3 was found present. From the said factory 55 gunny bags containing brownish powder and granules, all of which tested positive for Methaqualone, were seized. Accused No. 3 was also arrested.