SHAHID ABDULLA SIDDIQUI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these criminal appeals are filed by the appellants, Shahid Abdulla Siddiqui and Abujafar Abubakar Bakshi, original accused Nos. 1 and 3 respectively, being aggrieved by the judgment and Order dated 1-2-1996, passed by the Special Judge (NDPS), in NDPS Special Case No. 371/91.

(2.) BY the impugned judgment and Order, accused No. 1 Shahid Abgdulla Siddiqui was convicted of the offence punishable under section 8 (c) r/w section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act") and was sentenced to suffer R. I. for ten years and to pay a fine of Rs. 1,00,000/-, in default to indergo R. I. for two months. Accused No. 3 Abujafar Abubakar Bakshi was convicted of the offence punishable under section 8 (c) r/w section 20 (b) (ii) of the NDPS Act and was sentenced to suffer R. I. for ten years and to pay a fine of Rs. 1,00,000/-, in default to undergo R. I. for two months.

(3.) THIS conviction and sentence was awarded by the Special Judge as he came to the conclusion, after recording evidence of the 8 prosecution witnesses and after hearing both the sides, that the prosecution had established beyond reasonable doubt, the recovery and seizure of 1 kg. of heroin, as defined under section 2 (xvi) (e) of the NDPS Act, from the possession of accused No. 1 on 20-2-1991, and 535 kg. of charas, as defined under section 2 (iii) of the NDPS Act, from the possession of accused No. 3 on 18-3-1991.