KASHINATH RAGHUNATH MURAMBE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) PRESENT appellant - Kashinath Raghunath Murambe, original accused no.2, was convicted with original accused no.1 - Manikrao, by learned Special Judge / Additional Sessions Judge, Ahmednagar in Sessions Case No. 191 of 2005 for the offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act") and was sentenced to suffer R.I. for ten years and to pay a fine of Rs. 1,00,000/ -, in default, to suffer further S.I. for one year. Two other accused were acquitted from the said offences. Aggrieved by the said decision, present appeal is preferred by the appellant/original accused no.2. The prosecution case, in short, is as under : -

(3.) IN presence of the panch witnesses, two sample bags of Ganja of 250 grams each were prepared from each of the gunny bags. All those gunny bags were sealed by putting labels and signature of the panch witnesses. The property was seized. Photograph of the activities were also taken. Thereupon, PW 2 - P.I. - Nisar Shaikh filed complaint in the police station. The property was handed over in the police station. A wireless message was sent to the superior about the said complaint. PW 2 - Nisar Shaikh, thereafter, carried investigation. He recorded statements of witnesses. The necessary inventory was taken in the presence of learned Judicial Magistrate F.C. The samples were sent to the Chemical Analyzer, Aurangabad. The C.A. report revealed that the samples contained Ganja. In the circumstances, the chargesheet was filed with learned Chief Judicial Magistrate, Ahmednagar, which was lateron, committed to learned Special Judge. Learned Special Judge framed the charge.