CHAND KHAN GANI KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant is convicted by the learned Special Judge, Nanded, in N.D.P.S. Case No. 3 of 1990 of offence punishable under Section 18 of the N.D.P.S. Act and sentenced to suffer R.I. for 10 years and to pay a fine of Rs. 1 lakh in default of payment of fine to suffer further R.I. for 2 years. Being aggrieved by this order of conviction and sentence, the present appeal is filed.

(2.) THE case of the prosecution is as follows :

(3.) THE learned Counsel Shri Damle appointed for the accused has argued that no independent witness has supported the prosecution case. Only Head Constable, who was member of the raiding party, is examined to make out the case against the accused. The Investigating Officer himself had expired and, therefore, his evidence could not be recorded. In such circumstances, the prosecution evidence is not reliable. He also argued that the provisions of Section 42 of the N.D.P.S. were not complied with by the Investigating Officer and therefore, the search becomes doubtful.