SHOBHA RAVI SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN both these appeals, the Appellants have taken exception to the judgment and Order of Conviction and sentence dated 2nd November, 1995, passed by the Special Judge for Greater Bombay in N. D. P. S. Special Case No.45 of 1995, whereby appellants were found guilty of the offence punishable under section 21 r/w Section 8 (c) of the N. D. P. S. Act, 1985. They were convicted and sentenced to suffer R. I. for 10 years each and to pay a fine of Rs. 1 lac each. IN default of payment of fine, they were to suffer further R. I. for six months each.

(2.) THE Appellant in Appeal No.599 of 1995 is original accused no. 1 and the Appellant in Appeal No.600 of 1995 is original accused no.2.THE Appellants, Accused Nos. 1 and 2 respectively, alongwith one Mohamed Khwaja Mohamed Yusuf Saeed, Original Accused no. 3 (since acquitted) were charged with offences punishable under section 29 read with 8 (c) and Section 21 of the N. D. P. S. Act, 1985. At the trial the prosecution case was that on 3.1. 1995 the officers of the Narcotic Cell, Andheri Unit received information that at about 5.30 p. m. on that day, two women and one male were to come for dealings in Narcotic near Kalpana Talkies, Kurla. THE information was received at about 2-15 p. m. THE Senior Inspector, the Assistant Commissioner of Police and the Deputy Commissioner of Police were also informed about the said information. Section Inspector Mr. Dhavle wrote the information in the information book. Two Panchas-one male and the other female, were called in the office and they were informed about the information. A pre-trap panchanama was drawn in the office. THEreafter alongwith the sealing and weighing material, typewriter, drug identification kit etc. , the members of the raiding party proceeded for the spot at about 3:40 p. m.

(3.) AT the trial the accused denied the case of the prosecution. They pleaded not guilty and claimed to be tried.