JULEKHABEE ABDULRAHIMAN GUJARATWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant challenges the convictions and sentence awarded by the 2nd Additional Sessions Judge, Sangli vide his Judgment dated 25th Oct. 1991, in Sessions Case No. 9/90 under the provisions of Sec. 8 (c) read with Sec. 21, of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the said Act' for brevity's sake). The sentence awarded is to undergo R.I. for the period of 10 years and to pay a fine of Rs. 1,00,000.00 and in default of payment of fine to suffer further R.I. for the period of 2 years.

(2.) The brief appraisal of the facts in the matter:

(3.) The police officer Kamble then registered the offence by recording First Information Report of Head Constable Sonawane (P.W. 1). It is stated that, after registering the crime under the provisions of the said Act, A.P.I. Sonawane forwarded the alleged contraband article to the Chemical Analyser on 24th Dec. 1986 i.e. nearly 2 months after the same was taken charge of. On receipt of the report from the Chemical Analyser, which is produced and already in the Record and proceedings, the same revealed that the article taken charge of from the appellant was 'crute heroin' to which the provisions of the said Act will be attracted.