SULEMAN OGUK ALIAS SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant was the Accused No. 1 in N.D.P.S. Special Case No. 36 of 2004. The Special Court constituted under the provisions of Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as "the NDPS Act"), convicted him and the other accused - the Accused No. 2 Sadruddin Hussain Mohammad Jamadar Shah - of an offence punishable under Section 21 of the NDPS Act. The Appellant was sentenced to suffer R.I. for 10 months and to pay a fine of Rs. 5,000/, in default to suffer R.I. for 3 months. The Accused No. 2 Sadruddin was sentenced to suffer R.I. for 6 months and to pay a fine of Rs. 1,000/, in default to suffer R.I. for 1 month. The Appellant, being aggrieved by the said judgment and Order of conviction and sentence, has filed the present Appeal.

(2.) I have heard Mr. S.S. Bhandari, the learned Advocate for the Appellant and Smt. V.R. Bhosale, the learned APP for the RespondentState. I have gone through the evidence adduced before the trial Court and other relevant record. I have taken into consideration the authoritative pronouncements of various High Courts and of the Supreme Court of India, which have been relied upon by the Learned Counsel.

(3.) The prosecution case before the trial Court was as follows: