BESISTHA NARAYAN SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by original accused no. 7 Mr. Besistha Narayan Singh against his conviction under the Narcotic Drugs and psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") vide judgment and order dated 6th June 2001 passed by the Special judge, Bombay of the offences under Sections 29 r/w Section 22 of the NDPS Act.

(2.) IN ail five appeals have been filed by different accused including this appeal. However, counsel for accused No. / submitted that while granting the bail to this accused. the apex court has expedited the hearing of this appeal only. This fact was supported by the learned spl. P. P. . Therefore, this appeal only was taken up for final hearing.

(3.) THE entire paper book of the appeal was running into more than 1400 pages. However, mr. Agarwal prepared and compilation of papers and documents pertaining to this accused Ro. 7 only and gave copy of the same to the learned Spl. P. P. and also to the Court. While challenging judgment of conviction, Mr. Agarwal, the counsel for the appellant, made only one submission on the basis of those documents that the charge against the accused that was framed by the special Judge on 28th January 1997 was:-FIRSTLY : That during the period 28th Sept. 1992 and 18th sept. 1993 at Gr. Mumbai, you accd. Nos. l to 10 along with other wanted accused who were your Associates, in pursuance of criminal conspiracy, and in furtherance of common intention, did manufacture, transport and possess the mandrex tablets, contraband of narcotic Drugs and Psychotropic substance at the time, place and date during the aforesaid period, and thereby committed offence punishable u/s. 8 (c> r/w. 22, 25 and 29 of the NUPS act 1985 and; tenths, That on 28th sept. 1992 in Greater Bombay i. e. in the office of asstt. Collector of Central excise, Di8-and$ 2nd floor, madhu Industrial Estate, p. B. Marg, Worll, Bombay 400 013 you accused No. 1 and 7 in connivance with associates accused Nos. 9 and 10 knowingly, intentionally, illegally and under the guise of official capacity of Accused no. / and in pursuance your agreement and conspiracy with each other did sand a sample of 3 mandrax tablets to Bee Pharma laboratories Pvt. Ltd. ; 4th floor, Mohatta Bhavan, opp. Moses Road, Worli, Bombay 460 0018 for the purposes of analytical teat and thereby did commit offence punishable u/s. 8 (c) r/w. 22 and 29 of the ndps Act, 1983. "