AKHLAQUE AHMAD Vs. INTELLIGENCE OFFICER N C

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 4th February, 1994 passed by the Special Judge for Greater Bombay in N. D. P. S. Special Case No. 888 of 1989 whereby, the appellant was found guilty under section 8 (c) for the N. D. P. S. Act punishable under section 21 of the said Act. He was sentenced to suffer R. I. for 10 years and to pay a fine in the sum of Rs. 1,00,000/ -. In default, he was to suffer further R. I. for 2 years. The appellant was also found guilty under section 8 (c) punishable under section 29 read with section 21 of the N. D. P. S. Act and he was sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/- and in default, he was to suffer R. I. for 2 years. Both the substantive sentences were to run concurrently.

(2.) THE allegation against the appellant (hereinafter referred to as the Accused) was that he was found in possession of 12 Kg. and 800 grams of heroin (diacotyle morphine) kept in 13 cloth bags found in 2 Olive Green Canvass bags recovered from Room No. 27, Transit Camp, Building No. 1, 1st floor, M. H. B. Colony, Borivli (East) in contravention of the provisions of the N. D. P. S. Act. It was the case of the prosecution that he had committed offence punishable under section 21 read with section 8 (c) and section 29 of the N. D. P. S. Act. It was the case of the prosecution that the accused along with deceased Gulam Ali-original accused No. 2 ,mohammed Ishtiaque original accused No. 3 and some others during the period of 1-8-1989 to 26-8-1989, conspired, added and abetted with one another to commit and offence under the N. D. P. S. Act to acquire, to purchase, to possess, to sale, to store, to transport narcotic drugs in contravention of the provisions of the N. D. P. S. Act and thereby committed an offence punishable under section 29 read with section 8 (c) with section 21 of the N. D. P. S. Act.

(3.) INITIALLY the complaint was filed against the accused and co-accused Gulam Ali and Mohammed Ishtiaque. During the pendency of the trial accused No. 2 Gulam Ali expired and his trial stood abetted. Original accused No,. 3 Mohammed Ishtiaque was discharged by the then Additional Sessions Judge, Shri Y. V. Pathan On 18-11-89. Therefore, only the present accused was tried for the aforesaid offences.