SHAHBUDDIN MEHBOOB BADSHAH JARIWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :-

(2.) THE Appellants - Accused no.1 and 2 respectively along with one Asgarali Ahmed Ali Shaikh Original Accused No.3 (since deceased) were charged for having entered into a criminal conspiracy to possess narcotic drugs for the purpose of sale and thereby committed offence punishable u/s 8(c) r/w S.29 of the N.D.P.S. Act 1985. THE accused were also charged for offence punishable u/s 8(c) r/w 21 & 29 of the N.D.P.S. Act 1985 for having been found in possession of narcotic drugs in pursuance of the said criminal conspiracy. In the alternative, the accused stood independently charged for having been found in possession of 100 grams, 25 grams and 140 grams of hereoin respectively in contravention of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 that is offence punishable u/s 8(c) r/w 21 of the N.D.P.S. Act 1985.

(3.) P.I.Satpute then called panchas, P.W.5 Police Constable Samant was selected to act as a punter to make purchase of heroin from the accused. Thereafter, the necessary sealing and weighing material, drug identification kit, padding material and other things were collected and initial panchanama was prepared which is at Ex.13. An entry to that effect was also made in the police station diary.