STATE OF MAHARASHTRA Vs. RAMSINGASAN JAMUNAPRASAD MOURYA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dtd. 18/2/2003 passed by the Special Judge, N.D.P.S., Thane, in Special Sessions Case No.5 of 2002. By the impugned judgment and order, the respondent, who was accused before the trial Court, has been acquitted of the ofence punishable under Ss. 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act ").

(2.) It is the case of the prosecution that on 9/10/2001 at about 2.00 p.m., PW-5 Rajendra Tambat, who at the relevant time was working as Sr.Police Inspector at Wagale Estate, Police Station, had received an information that the accused would be coming near Hotel Vikrant, Wagale Estate, Thane for sale of charas. The description of the accused was also informed to him. The information was reduced into writing. The entry of information was taken in Station dairy. The panch witnesses were then called. PW-5 along with other police personnel and panch witnesses then reached to the spot at about 3.20 p.m. The trap was arranged. At about 4.00 p.m., the accused came there and stood in front of Hotel Vikrant. According to the prosecution at that time accused was carrying a suitcase.

(3.) The accused was intercepted. PW-5 disclosed his identity to him. The reason for his search was apprised to him. He was then given option to be searched before a Gazetted Ofcer, however, according to the prosecution the same was declined. Thereafter search of the accused was taken.