RAMESH RANGRAO MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused/appellant was tried in Special Case No. 7/2002 along with accused Vinod Nimbalkar. THE charge was under Section 20 (b) (i) of Narcotic Drugs and Psychotropic Substance Act. Accused Vinod was acquitted. Appellant/accused has been convicted and sentenced to suffer 10 years R. I. and to pay fine of Rs. 1,00,000/- and, default sentence of 2 years.

(2.) The conviction is based on the finding that the accused No. 1 was found in possession of Ganja leaved kept in gunny bag which was in wet condition and the report of chemical analysis was in positive holding that the substance referred for analysis contained ganja.

(3.) In view of the facts noted abovewhich are revealing from the record, the case gets duly covered and governed by reported judgments relied upon by the advocate for the appellant. In the result, entire proceedings are brought under cloud of suspicion, of which the benefit shall go unto the accused. The judgment and order of conviction and sentence rendered without considering these facts is thus liable to be set aside.