LAWS(BOM)-2008-11-57

PRAKASH ALIAS SANJAY Vs. STATE OF MAHARASHTRA

Decided On November 25, 2008
PRAKASH ALIAS SANJAY Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is directed against conviction of the appellant for offence punishable under section 20(b)(ii)(c) of Narcotic Drugs & Psychotropic Substances Act and sentence of R.I. For 10 years and fine of Rs.1 lakh or in default R.I. For one year imposed upon him by the learned Special Judge under Narcotic Drugs & Psychotropic Substances Act at Nagpur in Special Case No.77/2004.

(2.) Facts which led to prosecution of the appellant are as under:

(3.) After reaching P.S. P.I. Purandare lodged a report vide Ex.47 whereupon Crime 3045/2004 was registered vide Exh.48. Property was deposited in the malkhana vide receipt Ex.49. Appellant was arrested vide Exh.50. P.I. Purandare submitted reports to his superiors. Samples were sent to the Chemical Analyser vide requisition Exh.53 and the Laboratory certified that all 6 samples were of ganja. Despite attempts, absconders Satva Rupsingh Jadhav and one Anna could not be arrested. On completion of investigation charge-sheet was filed.