NAFISA MOHD.HUSSAIN SYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellants, by the learned Special Judge for trial of cases under N.D.P.S. Act at Mumbai, for offence punishable under Sections 21 read with Section 29 of the N.D.P.S. Act and sentence of rigorous imprisonment for 10 years with fine of Rs. 1,00,000/- or in default further rigorous imprisonment for 1 year, imposed upon the appellants, on conclusion of trial of Special Case No. 1043 of 1989. During the pendency of the appeal, appellant No. 2 expired on 5th January, 2003 and therefore, the appeal by him has been abated.

(2.) On 29th March, 1989, Officers of the Excise Department claimed to have received specific information about transaction in gard heroin, going on in the hut of the appellants. The panchas were called and raid was immediately arranged. At the raid, apart from 12 grams of gard in a pocket, 10 liters of illicit liquor was also found. Necessary samples were drawn and the property was seized and sealed. Offence was registered. The samples were sent to the Forensic Science Laboratory. On receipt of report from the Laboratory, complaint was filed before the learned Special Judge for trial of cases under N.D.P.S. Act, by the Inspector of Excise. The learned Judge, to whom the case was assigned, charged the appellants of offence punishable under Section 21 read with section 8(c) and Section 29 of the N.D.P.S. Act and section 66(1)(b) read with section 81 of the Bombay Prohibition Act.

(3.) After considering the evidence of three witnesses examined at the trial in the light of defence of denial raised, the learned Judge seem to have stated nothing about the offence under Sections 66(1)(b) read with Section 81 of the Bombay Prohibition Act, but convicted and sentenced the appellants of offence under Section 21 of the N.D.P.S. Act as indicated above. Being aggrieved thereby the appellants are before this Court.