STATE OF MAHARASHTRA Vs. PYARELAL SHRIDHAR KEER

JUDGEMENT

(1.) Being aggrieved by the judgment and order of acquittal passed by the learned Special Judge, Greater bombay, in Sessions Case No. 198 of 1994 on 13-8-1996 the State-appellant has preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the learned public Prosecutor for the State and the learned counsel appearing for respondents-original accused we have scrutinized the entire evidence on record and reappreciated the same.

(3.) The prosecution story stated briefly is that on 17-8-1994 around 11.40 p. m. the police officers at Nirmal Nagar Police station received information that the accused persons with bags in their in hands are loitering in the area of Golibar Chowk and their behaviour is suspicious. It was therefore decided on the basis of this information that the place where the accused were loitering should be raided. Accordingly panchas were called and they were asked to take search of the raiding party and then taken by the police to the place where the accused were standing. The accused persons were told of the identity of the police, were informed that they are liable to be searched and made them aware of their rights under the N. D. P. S. Act. Accused had no objection being searched by the police officers. Search accordingly was carried out and each of the accused was found in possession of Charas of about 2 Kgs. Accordingly panchnama was drawn, further investigation was conducted and the accused persons were prosecuted under the provisions of N. D. P. S. Act.