AKSHAY LALITRAO DHABALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals arise out of the judgment and order dtd. 29/6/2022 passed by the learned Special Judge (NDPS Act), Nagpur in N.D.P.S. Special Case No. 31/2015 and therefore, they are disposed of by this common judgment.

(2.) Criminal Appeal No. 443/2022 is filed by appellant - Akshay Lalitrao Dhabale (original accused no.2) and Criminal Appeal No. 572/2022 is filed by appellants Mithun Pralhad Chauhan (original accused No.1) and Shekhar Pratap Rathod (original accused No.3). The learned Special Judge, by the impugned judgment and order convicted the appellants for the offences punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act" for short). The appellants are sentenced to suffer rigorous imprisonment for three years and to pay fine of 25,000/- each and in default of payment of fine to suffer simple imprisonment for six months each, for the offence punishable under Sec. 20 of the NDPS Act ; and rigorous imprisonment for three years and to pay fine of 25,000/- each and in default of payment of fine to suffer simple imprisonment for six months each for the offence punishable under Sec. 29 of the NDPS Act.

(3.) The facts in brief are as follows : On 30/3/2015, API N. S. Rajkumar (PW6), attached to Local Crime Branch (Railway), Nagpur, received a secret information from his informer that one person wearing dark blue T-shirt and other two persons, were carrying and transporting 'ganja' at Nagpur railway station platform no.2. He made an entry of the said information in the Station Diary. PW6 immediately conveyed this information to his superior officer and sought permission of the superior officer for proceeding further. The superior officer i.e. Sub Divisional Police Officer (SDPO), Lohmarg, granted him permission to workout the information. Accordingly, he made necessary entry to that effect in the Station Diary. API Rajkumar (PW6), with the help of PC Viraj Mate secured presence of a Gazetted Officer by making written request. PW6 deputed PC Naresh to secure presence of panch witnesses. PW6 deputed PC Santosh Chawre to procure weights and measures. On arrival of the panchas, PW6 apprised them of the secret information.