LAMIN BOJANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and Order dated 13-5-1993, passed by the Special Judge, Greater Bombay in NDPS Special Case No. 947 of 1990, convicting and sentencing him to undergo 10 years RI and to pay a fine of Rs. 1,00,000/- (Rupees one lakh) in default to further undergo RI for 1 year under section 21, read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the NDPS Act, has come up in appeal before us. Along with the appellant, three others namely Joae Carlas Ca, Pauline Viera and Mrs. Nazma @ Ruksana Ibraham, were also prosecuted and tried, but, they have been acquitted vide the impugned judgment. Against their acquittal, the State of Maharashtra has preferred no appeal in this Court.

(2.) BRIEFLY stated the prosecution case is that on 20-6-1990, at about 7. 30 a. m. P. S. I. Madhukar Khangte P. W. 1 of Antop Hill Police Station, received an information that some Negroes were dealing in drugs in Sector No. VII in Central Government Servants Colony, Antop Hill. He conveyed the said information orally to his Superior Officer Senior Inspector of Police P. I. Chandrakant Chaugule P. W. 6. At 8. 15 a. m. i. e. 45 minutes after receiving the information, he recorded the same in Station Diary of Police Station Antop Hill vide Exhibit 27 (English translation of the said entry is Exhibit 27-A ). The said entry reads thus:-

(3.) THE F. I. R. of the incident was lodged by P. S. I. Madhukar Khangte P. W. 1 at 12. 15 noon on 20-6-1990 at police station Antop Hill. On the basis of the same, a case under section 8 (c) and 21 of the N. D. P. S. Act was registered against the appellant, Joae Carlas Ca. and Pauline Viera.