SANTAJI MALHARI KHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have been convicted by the NDPS Special Judge at Panvel in NDPS Special Case No. 297 of 2019 of the offences punishable under Sec. 20(b)(ii)(C), 29 r/w Sec. 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short " NDPS Act "). Both applicants have been sentenced to undergo rigorous imprisonment for 13 years with fine of Rs.1,50,000.00 each. In default of payment of fine to undergo rigorous imprisonment for 2 years.

(2.) Facts in brief are as below.

(3.) An information was received by PW-1 Head Constable - Mohammed Iqbal Shaikh, attached with Anti Narcotic Cell, Unit of Crime Branch, Navi Mumbai on 20/3/2018 that two persons would be coming in a vehicle Eicher tempo bearing Registration No. MH-09-BC-3789 and a white coloured car bearing Registration No. MH-13-BN-9535 along with Ganja weighing about 400 to 500 kgs. for selling the same in Raigad District. They would pass through Nisarg Nursery on Panvel - Alibaug road. The informant had also given minute details of the accused persons, including colour of clothes, colour of the shoes and having some skin disease on lips, fingers of both hand and legs etc. The information was passed by PW-1 Head Constable, Mohd. Iqbal Shaikh to PW-3 Smt. Rani Kale, Women Police Sub-Inspector (WPSI) and PW-5 Bajare - Senior PI. The information was reduced into writing by PW-3 Smt. Rani Kale.