MOHAN GANESH KRISTAIYYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these two appeals, the appellants challenge their convictions for offences punishable under sections 20 (b) (ii) (c) and 29 read with section 20 of the Narcotic Drugs and Psychotropic Substances Act, and sentences of rigorous imprisonment for ten years and fine of rupees one lac on each of these two counts inflicted by the learned Special Judge (NDPS) , Nagpur.

(2.) Facts, which led to prosecution and conviction of the appellants, are as under: police Inspector Jamil Ahmad, posted with Highway Police, Nagpur, was conducting routine checking of vehicles at Ambdi Police Post on 9-7-2003. At about 4 p. m. , he stopped Maruti Van bearing registration No. AP-9 G-6390 occupied by the two appellants. The van was found to contain seven jute bags full of Ganja. After calling weighman and panchas, PI Jamil Ahmad seized the Ganja, drew samples, sealed the samples as well as the remaining Ganja and made over the property as well as the accused to Police Station Parshioni, within whose jurisdiction the seizure had been effected. On completion of investigation, the police Station Officer, Parshioni, sent a charge-sheet. The learned Special Judge charged both the appellants of offences punishable under sections 20 (b) (ii) (c) and 20 read with section 29 of the NDPS Act for having been found in possession of 230 Kg. of Ganja and having engaged in a criminal conspiracy to commit an offence under section 20 of the NDPS Act. Since the accused pleaded not guilty, they were put on trial; in course of which, eight witnesses were examined. After considering the evidence tendered, the learned Special Judge came to hold both the appellants guilty and convicted and sentenced them as mentioned above. Aggrieved thereby, the convicts have preferred this appeal.

(3.) I have heard Shri R. M. Daga, the learned counsel for the appellant in criminal Appeal No. 592 of 2005, Shri R. H, Rawlani, the learned counsel for the appellant in Criminal Appeal No. 596 of 1997 and S/shri J. B. Jaiswal and d. M. Kale, the learned Additional Public Prosecutors for the State in Criminal appeals No. 592 of 2005 and 596 of 1997 respectively. With the help of the learned counsel for the appellants as well as the learned Additional Public prosecutors for the State, I have gone through the record of the trial in order to examine the correctness of the convictions recorded by the learned Special Judge.