IRENE WANJIRU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant accused was tried by the Court of Special Judge for Gr. Bombay in the case registered as Special Case No. 175/94. By a judgment delivered on 26th and 27th March, 1997, the learned Judge found appellant accused to be guilty for offences punishable under section 21 r/w 8 (c) of the NDPS Act, 1985 as also under section 30 of the NDPS Act r/w 135-A of Customs Act, 1962. She is sentenced to suffer RI for 10 years and fine of Rs. 1 lac i/d RI for one year on the first count, and RI for 5 years and fine of Rs. 50,000/- i/d RI for six months on the second count. The substantive sentence are directed to run concurrently, after giving set off under section 428 of Criminal Procedure Code, 1973. This conviction and sentence is being impugned by present appeal.

(2.) THE story with which the prosecution approached the Court, in a nutshell, is as under :---

(3.) THE only ground pressed into service for appellant by learned Counsel Mr. Tiwari was, non compliance of section 50 of NDPS Act, 1985. Section 50 (1) of NDPS Act reads as follows :---