SHEIKH IBRAHIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The important facts of the case of the prosecution lie within a small compass and may be briefly stated as under:

(2.) P.S.I. Madavi, Crime Branch, Nagpur on 09.02.1999 on prior information arranged trap and at about 1 P.M. apprehended the appellant - accused Sheikh Ibrahim s/o Sheikh Mohamad, near Vijay Talkies, Nagpur. After completing all the formalities he had seized seven small packets containing Charas, weighing total about 390 grams. The samples were properly packed and sealed for being sent to chemical Analyzer, Panchnama of all these events was drawn before the Panch Witnesses and the samples were sent to the Chemical Analyzer. The report of the Chemical Analyzer showed that the sample did contain contraband item Charas. The Investigating Officer after completing investigation, submitted charge sheet in the court of Special Judge, Nagpur.

(3.) The learned Special Judge, accordingly framed charge against the appellant under Sec. 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'Act of 1985'). The defence of the appellant in Lower Court was that of denial, accompanied by the statement that he was falsely implicated in this case by the complainant. The learned Special Judge, taken the trial, delivered judgment and convicted the appellant/accused and sentenced him to suffer R.I. for 10 years and fine of Rs.1 lac, in default further imprisonment of 2 years.