MADHUKAR SWAMI PALLERALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Conviction of the appellant-accused under Section 20(b) read with Section 8(c) of N.D.P.S. Act, 1985 and consequent sentence to suffer R.I. for 10 years and to pay a fine of Rs. 1,00,000/-, in default to suffer R.I. for six months in NDPS Special Case No.46 of 2005, is in question in the present appeal.

(2.) The appellant-accused Madhukar Pallerala and co-accused Ramesh Maduriklha both resident of village Challagarige, District-Warangal, Andhra Pradesh were apprehended in course of Nakabandi at Green Grass Hoffer chowkey on Bhau Daji Road, Matunga, Mumbai in the early hours of 16.12.2004. Both of them were traveling in a taxi bearing no.MH-01-J-7823. The appellant-accused Madhukar was found seated on the rear seat with black coloured rexine bag and the co-accused Ramesh was found seated next to the driver of the taxi. Search of the rexine bag led to recovery of 17.5 Kg. of ganja leaves. Two samples of 50 gms. were duly drawn in the presence of the panchas and ganja was seized. A crime was registered at CR No.3 of 2004 under Sections 20 read with Section 8-C and Section 29 of N.D.P.S. Act, 1985 at Matunga Police Station, Mumbai against both of them.

(3.) Forensic investigations confirmed the presence of ganja in the seized articles. The Appellant-accused along with co-accused were charge-sheeted. In due course the case came up for hearing before the learned Special Judge for NDPS cases, Greater Mumbai and charges under Sections 20(b) and 29 read with Section 8(c) of N.D.P.S. Act came to be framed (Exh.3-A). The accused pleaded not guilty and claimed to be tried.