D.BHAMBRI Vs. EKNATH MARUTIRAO KALMETKAR

JUDGEMENT

(1.) An Intelligence Officer, Narcotics Control Bureau, Mumbai has preferred this appeal impugning the judgment and order of acquittal by Special Judge (NDPS Court), Greater Mumbai dtd. 26/3/1996, by which the respondent-original accused came to be acquitted of the offences punishable under Sec. 8 (c) r/w 22, 23, 28 and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act') as well as of the offences punishable under Sec. 135 (1) (a) r/w 135 (1) (ii) of the Customs Act, 1962. Facts of the prosecution case, as emerged from the record, can be summarized as follows.

(2.) On 29/8/1991, a reliable information was received by P.W.3 - Shastrinath Sawant, Superintendent, Central Excise that a consignment of Mandrax tablets is being carted in MOD shed No.1 at Mumbai. It was to be carted on the very next date i.e on 30 th August, 1991 at about 11.00 a.m in the morning which was to be transported in a tempo bearing No. MMS-1580. The information further revealed that Mandrax tablets would be concealed in the goods. P.W.3 - Shastrinath Sawant passed the said information to his Deputy Director R.L. Kakkar for further necessary action. The said information was forwarded in writing.

(3.) Some officers of the NCB were called in the chamber of the Deputy Director- Mr. R.L. Kakkar including P.W.1-Vijay Shahasane, Intelligence Officer attached to NCB. Suitable instructions were given to all of them and it was decided to intercept the said tempo at the time of it's entry into Bombay Port Trust shed when the consignment was to be carted.