STATE OF MAHARASHTRA Vs. IMMAUDDIN ABDUL KASIM PATHAN

JUDGEMENT

(1.) It appears that that while admitting this appeal, this Court had kept the appeal, as against the original accused no.3, in dormant file as the original accused no.3 could not be served with the notice of admission of the appeal. This appeal insofar as it questions the acquittal of the original accused nos.1 and 2 stood dismissed by the order of this Court.

(2.) Since this appeal of 1993 has remained pending since 1993 for want of service to respondent no.3, we asked the learned APP to examine the merits of the appeal and accordingly to argue the matter on merits.

(3.) This appeal has been filed by the appellant-state questioning the correctness of the judgment of 3rd Additional Sessions Judge, Nashik dated 13 November 1992 acquitting the respondents accused nos.1,2 and 3 for an offences punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act).