SHAUKAT ALI SAYYED RASHID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant in Criminal Appeal No.228 of 1994, is original Accused No.1 and Appellant in Criminal Appeal No.263 of 1994 is Original Accused No.2. THE accused were chargesheeted for having committed offences punishable u/ss 22 and 27 of the N. D. P. S. Act, 1985 at the instance of Malegaon City Police Station. By his judgment and Order of conviction and sentence dated 19.3.1994, the Learned Addl. Sessions Judge, Malegaon, District Nasik, convicted both the accused for the offence punishable u/s 22 of the N. D. P. S. Act. He sentenced them to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/- each. In default of payment of fine, they were to suffer further R. I. for six months. Both the accused were acquitted u/s 27 of the N. D. P. S. Act. It is the said order of conviction and sentence which is challenged in the present appeals.

(2.) ACCORDING to the prosecution, on 19.7.93 P. I. Shaikh was on duty at Police Station Malegaon City. At about 11.30 a. m. he received tip-off from police sources that two persons were sitting beneath a neem tree near wooden stall at the eastern side of Central Talkies, Malegaon. One was Shaukat Ali Sayyed Rashid, Accused No.1. He was in possession of brown sugar packets. The other person one Kishore Chindu Khairnar, accused no. 2 was to purchase brown sugar from Accused no. 1. Acting upon this information P. I. Shaikh made necessary station diary entry. He called two panchas and police officers. He explained them the information he had received and asked them to accompany him for raid.

(3.) AN offence came to be registered against both the accused under section 22 and 27 of N. D. P. S. Act. The samples were forwarded to the Chemical ANalyser and in due course P. I. Shaikh received Chemical ANalyser's report Ex.26.It was disclosed in the Chemical ANalyser's report that heroin along with other opium alkaloids was present in Exhibits No.1 to