SNYMAN LOURENS ABRAHAM Vs. Y M PATIL

JUDGEMENT

(1.) This appeal is directed against conviction of the appellant for the offences punishable under Sections 8(c) read with Sections 21(c) and Section 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (Hereinafter referred to as 'NDPS' Act), as also under Section 8(c) read with Sections 23, 28 and 29 of the NDPS Act and the sentence of rigorous imprisonment for ten years with a fine of Rs.1,00,000/- or in default of payment of fine further rigorous imprisonment for two years imposed upon the appellant by the learned Special Judge for trial of cases under the NDPS Act on conclusion of trial of Special Case No.13 of 2006 before him.

(2.) Facts which are material for deciding this appeal are as under :-

(3.) The learned Judge charged the appellant for the offences punishable under Section 8(c) read with Section 21(c), Section 8(c) read with Section 23(c), Section 8(c) read with Section 21(c) and 23(c) read with Section 28 of the NDPS Act for possession of 1032.205 grams of heroin. Since the laboratory confirmed that both the samples contained Diacetyl Morphine without giving percentage, fresh samples were extracted from the material and sent to the Forensic Science Laboratory which reported that the samples contained 36.12% heroin (diacetyl morphine) and 43.95% Monoacetyl Morphine in one sample, and 2.71% heroin and 59.41% Monoacetyl Morphine in the other sample. Since the appellant pleaded not guilty he had been put on trial at which the prosecution examined as many as 30 witnesses in its attempt to bring home guilt of the appellant. After considering their evidence in the light of defence of false implication, the learned Judge convicted and sentenced the appellant as aforementioned. It may be noted here that the appellant retracted his statement made under Section 67 of the NDPS Act on 17th October, 2007 i. e. almost two years after the statement was made.