SHAIKH MASOOD SHAIKH AZIZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of three appeals is being decided by this common judgment and order since common questions of facts and law arise therein. Moreover, the challenge in all these three appeals is to a judgment and order dtd. 25/11/2016, passed by Additional Sessions Judge, Vaijapur in Special (NDPS) Case No.2/2014, whereby the appellants herein have been convicted for offence punishable under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and, therefore, sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000.00 each. In default of payment of fine, they are directed to undergo simple imprisonment for one year.

(2.) Facts giving rise to the present appeals are as follows :-

(3.) The learned Judge of the Special Court framed the charge (Exh.51). All of them pleaded not guilty. To bring home the charge, prosecution examined 12 witnesses and relied on number of documents. On appreciation of the evidence in the case, the learned Special Judge convicted the appellants as stated hereinabove. The other two were acquitted. The State has not preferred any appeal against their acquittal.