BASISTHA NARAYAN SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT B.N.Singh, who was original accused No.7 in NDPS Special Case No.170 of 1993 has preferred this appeal against his conviction and sentence. Appellant is convicted of offence punishable under Section 29 r/w. section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act for short) and sentenced to suffer R.I. for 12 years and also to pay a fine of Rs.2 lakhs and in default of payment of fine to undergo further R.I. for one year.

(2.) IN the said special case there were in all 10 accused. Original accused No.2 Dhananjay Sudhakar Jadhav, No.4 Victor Anthony Fernandes, No.9 Ibrahim Adamji Wali Patel, and No.10 Kantilal Jogani are acquitted of all the charges levelled against them and the remaining accused Nos.1, 5, 6 and 7 are convicted. All the facts are not necessary to be taken into consideration for the purpose of the present application of the appellant/ applicant B.N. Singh. It is however material to point out certain facts to appreciate case of the applicant in the present application.

(3.) ON 30.9.1992 the applicant while working as Assistant Collector of Customs was introduced to accused No.1 Milind Chalke by one Pravin Nalavade, P.W.6. It is the case of the prosecution that at the behest of accused Nos.1 to 3, applicant had sent three tablets with a covering letter to a private laboratory known as Bee Pharma Ltd., 4th floor, Mehta Bhavan, Opposite Moses Road, Worli, Mumbai for analysis. Official result of the analysis was never known and the composition of the said tablets was also not known. According to the prosecution accused did not persuade the matter. However, during the trial when the witness concerned with the analysis from the laboratory was examined, it was brought on record through his evidence that the tablets were not found to contain any narcotic drugs or psychotropic substance. Prosecution case is that the tablets were sent for being tested for the presence of Methaqualone in order to ascertain whether they are mandrax tablets which is a psychotropic substance. Accused No.1 Milind Chalke is said to be the informer of accused No.7. It is further the case of the prosecution that during the aforesaid period all the accused in conspiracy did supply formula for manufacture of mandrax tablets to a factory at Pune and did transport 150 kgs. of mandrax tablets by a jeep from there and brought the material to Worli near Milk Dairy.