CHANDBI MUSTAQ SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Naik for the accused/appellant and Mr. Singhal, learned A. P. P. , for the State/respondent.

(2.) THE accused before this Court was accused No. 1 in the trial under the N. D. P. S. Act. Her mother Khatijabai was also charge-sheeted along with her, but Khatijabai was acquitted. The present appellant/accused is convicted by the 3rd Additional Sessions Judge, Nashik under section 22 of the N. D. P. S. Act and is sentenced to undergo R. I. for ten years with fine and in default R. I. for one year.

(3.) THE case against the accused was that the Police Inspector of Bhadrakali Police Station Mr. R. B. Korade received an information on 31-10-1987 that Mustaq Sheikh along with his wife and her mother are dealing in sale of brown sugar. A station diary note of this information was taken. Panchas were called including one lady panch. One punter was called and then a trap was laid. A note of Rs. 50/- given to punter Manoj Pardeshi and he was asked to go to the house of accused and purchase brown sugar. Accordingly, the punter went to the house of accused and purchased brown sugar from her for Rs. 50/- and on his signaling, the raiding party, including the aforesaid officer, entered the house of the accused and arrested the accused. A personal search of the accused was taken when 20 grams of brown sugar was found. It is in this background the accused came to be prosecuted and convicted as stated above.