STATE OF MAHARASHTRA Vs. RAMESH RAMCHANDRA NAIK

JUDGEMENT

(1.) Aggrieved by the acquittal granted by the IIIrd Additional Sessions Judge, Raigad-Alibag, in Sessions Case No.177 of 1999, the prosecution i.e. the State of Maharashtra has filed the instant appeal challenging the said judgment and order dated 04-04-1991 of the IIIrd Additional Sessions Judge, Raigad-Alibag.

(2.) The respondent herein, who is the accused, was charged for the offence under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the said 'Act'), for which offence he has been acquitted by the aforesaid judgment of the Trial Court.

(3.) The prosecution story in brief, can be stated thus : On 03-10-1987, the Matheran Police Station received an information that the respondent-accused was selling charas on the way at Bazar Peth in front of Satya Vijay Hotel. On receiving such information, two panchas were called by the police and have proceeded to the aforesaid place. It is further the prosecution story that when they reached the above said place, they saw the accused sitting on a platform near Ram Mandir Temple in front of Hotel Satya Vijay. The accused was caught by them at the said place. His personal search was taken by the police in the presence of panchas, upon which they found a plastic back in the right pocket of his shirt (Cck). The said plastic bag contained 25 tablets of charas. They also found cash amount of Rs. 7/- in the left pocket of the shirt of the accused. The police accordingly recorded the panchanama which was drawn by the Police Head Constable Surve on the spot itself. The muddemal in the form of charas and the cash amount of Rs. 7/- along with the accused, was brought to the police station. The Police Head Constable Kuthe thereafter registered a complaint and an offence under Section 20(b)(ii) was resultantly registered under the said Act against the accused. The statements of the witnesses were recorded by the Investigating Officer and after the completion of investigation, chargesheet was submitted to the Court of Judicial Magistrate, First Class. However, considering the nature of the offence, the case was then committed to the Court of Sessions, Raigad-Alibag for trial.