SATYABHAMA KISHAN KARDAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25 February 1993, delivered by the Addl.Sessions Judge/ Special Judge for Greater Mumbai, convicting the appellant of an offence punishable under section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for the sake of brevity) read with section 8(c) thereof, and sentencing her to undergo RI for 10(ten) years, and to pay a fine of Rs.1,00,000/ (Rupees One Lakh) in default to suffer RI for 1(one) year.

(2.) The prosecution case, as put forth before the Trial Court was that on 28 May 1986, the police party attached to Nagpada Police Station consisting of PSI Ashok Duraphe (PW 3), Woman Head Constable No.124 and Laxman Vithal Bagal, Police Naik No. 16900, were patrolling in the area around Kamathipura.

(3.) The prosecution examined three witnesses during the trial. The first witness is Laxman Vithal Bagal Police Naik No.16900 who, as aforesaid, is a member of the raiding party, and also the First Informant. The second witness is one Wilson Mascarenhas, who is one of the two panchas in whose presence the appellant's search was allegedly taken, and the 17 vials came to be recovered from her person. The third witness is the Investigating Officer PSI Ashok Duraphe.