MOGAMAT FALDI JAKOT Vs. UNION OF INDIA

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 the offences punishable under Sections 8(c), 22(c), 28, 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short called as, "N.D.P.S. Act"), and sentence of rigorous imprisonment for 10 years with fine of Rs. 1,00,000/- or in default rigorous imprisonment for further period of three months, imposed upon them, on the conclusion of trial under NDPS Special Case No. 80 of 2003. The facts which are material for deciding this appeal are as under:-

(2.) The officer brought the appellants to office of NCB and recorded their statements under Section 67 of the N.D.P.S. Act. The suit cases of appellant Rashid Davids were found to be kept in the cloak room of the hotel which too were brought to the N.C.B. office. The bags contained other empty bags inside. The officers had sent the samples of contraband seized to the Laboratory of Deputy Chief Chemist which reported that the sample was of methaqualone. A complaint was lodged with the Special Court.

(3.) The learned Judge Special Court, charged the appellants of offences punishable under Sections 29 read with Section 8 (c), 22(c), 28, 23(c) and 30 of the NDPS Act. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all 16 witnesses in its attempt to bring home the guilt of the appellants. After considering their evidence in the light of defence of false implication, the learned Judge convicted and sentenced the appellants as aforementioned. Aggrieved thereby the appellants are before this Court.