STATE OF MAHARASHTRA Vs. FATAMBI NOOR MOHAMMED PATHAN

JUDGEMENT

(1.) The appellant-State of Maharashtra has preferred this appeal against the judgment and order dated 8.4.1993 passed by the learned Additional Sessions Judge, Malegaon, Nashik in Sessions Case No. 57 of 1991. By the said judgment and order, the learned Additional Sessions Judge acquitted the respondents-accused of the offence under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act") and under Section 37(1) of the Bombay Police Act. Prosecution case, briefly stated, is as under:

(2.) Charge came to be framed against the respondents-accused under sections 21 and 29 of the N.D.P.S. Act and under Section 37(1) of the Bombay Police Act. The respondents pleaded not guilty to the said charge and claimed to be tried. The defence of the respondents was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted the respondents as stated in para 1 above. Hence, this appeal.

(3.) We have heard the learned A.P.P. for the Appellant-State and the learned advocate for the respondents. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the below mentioned reasons, we are of the opinion that the learned Sessions Judge has rightly acquitted the respondents-accused and the present appeal deserves to be dismissed.