AMIT SHRIPAD DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two applications were heard and are being disposed of by this common order as they have been made by the co-accused in the same crime.

(2.) THE applicants were arrested on 24th December 2007 in connection with the crime registered under C.R. No.205/07 at Daund police station which was initially registered u/s.396, 328 and 341 of the IPC. Subsequently, offence u/s.411 and 412 was added.

(3.) THE applicants are in custody since 24th December 2007 i.e. for a period of more than two months, out of which they were in police custody for nearly 10 days. Learned APP was however unable to point out any material to show that the applicants had purchased the chemicals with the knowledge that it was obtained by committing a dacoity. In the absence of knowledge, prima facie, offence u/s.412 is not made out. At the most, applicants can be charged with offence u/s.411 which is punishable with three years.