LAWS(BOM)-2014-4-153

THULILE GOODNESS DHALMINI Vs. UNION OF INDIA

Decided On April 08, 2014
Thulile Goodness Dhalmini Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appellant-original accused has preferred this Appeal against the Judgment and Order dated 31.10.2012 passed by Special Judge under NDPS Act in NDPS Special Case No. 108 of 2010. By the said Judgment and Order, the learned Special Judge convicted the appellant under Section 21(c) r/w 8(c) and Section 28 r/w 23(c) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act", for short). On both 'counts, she was sentenced to R.I. for 15 years and fine of Rs. 1,00,000/- in defaults SI for six months. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant-original accused under Section 21 (c) r/w 8(c) and Section 28 r/w 23(c) and 8(c) of the NDPS Act. The appellant pleaded not guilty to the said charge and claimed to be tried. Her defence is that of false implication. It is her further defence that said Deepak who she mentioned in her statement under Section 67 planted the drug on her by putting it in the false bottom of the bag which he had brought for her. After going through the evidence adduced in this case, the learned Special Judge convicted and sentenced the appellant as stated in paragraph I above, hence, this appeal.

(3.) We have heard the learned counsel for the appellant, the learned counsel for Union of India and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Counsel for both sides, the judgment delivered by the learned Special Judge and the evidence on record, for the reasons stated below, we are of the opinion that the conviction is vitiated on account of noncompliance of Section 50 of the NDPS Act.