S B YADAV Vs. MOHAMMAD HUSSAIN FARAH

JUDGEMENT

(1.) THIS is an appeal against acquittal of the 1st respondent filed by Shri S. B. Yadav, Assistant Director, Directorate of Revenue, Intelligence, Bombay through the Public Prosecutor for Union of India.

(2.) THE 1st respondent was acquitted for offence under section 8 (c) read with sections 21, 23, 28 and 29 of N. D. P. S. Act and under section 135 (1) (a) read with 135 (1) (ii) of Customs Act. By the impugned judgment passed in N. D. P. S. Special Case No. 214/88 and N. D. P. S. Special Case No. 828/88 dated 11th September, 1995 by the Additional Sessions Judge and Special Judge (Under N. D. P. S.) for Greater Bombay.

(3.) ORIGINALLY there were 3 accused against whom the charges were framed under the above sections. Accused, Md. Ahmed Asir and Farah Glow Ahmed since absconded, against Accused No. 2 only the trial Court proceeded with the trial. Accused No. 2 Md. Hussain Farah is the 1st respondent in this appeal. After trial, the 1st respondent was found not guilty and acquitted by the trial. Hence, this appeal.