STATE OF MAHARASHTRA Vs. DYANDEV

JUDGEMENT

(1.) This Appeal is filed by the State challenging the Judgment and order dated 13th Feb., 2003 passed by II Adhoc Additional Sessions Judge, Nanded in Special N.D.P.S. Case No.11 of 2002, thereby acquitting the Respondents/original accused for the offences punishable under Sections 20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short "N.D.P.S. Act").

(2.) Before the trial Court, there were in all three accused and the trial Court has acquitted all the three accused for the offences with which they were charged. The State has filed Appeal challenging the acquittal of original accused No.1 Dyandev Yadav Nikalje and accused No.2 Ashok s/o Narsu Kakde. Due to demise of accused No.1/ Respondent No.1 Dyandev Yadav Nikalje, Appeal against him stands abated as per Order dated 20th Aug., 2007. Now the challenge in this Appeal is restricted to the acquittal of accused No.2/Respondent No.2 Ashok Narsu Kakde.

(3.) The prosecution case, in nutshell, is as under :