H.R. BARGE Vs. ASHOK MANIKCHAND CHANKESHWARA

JUDGEMENT

(1.) The present appeal has been filed by the Superintendent of Central Excise and Customs (Preventive) seeking to challenge the order of acquittal dated 31st January, 1994 passed by the Additional Sessions Judge, Pune, in Sessions Case No.502 of 1992 for the offences under Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short) punishable under Section 20(b)(i) , 25 and 29 of the NDPS Act as well as under Section 66(1)(b) of the Bombay Prohibition Act.

(2.) It would be necessary, at the outset, to take note of the fact that Division Bench of this Court (Coram : Shri Justice S.S. Parkar and Shri Justice S.R. Sathe), by judgment dated 28th and 29th September, 2004, had allowed Criminal Appeal No.213 of 1994 and convicted Respondent Nos.1 to 4 for the offences punishable under Section 20(b)(i) and Section 29 of the NDPS Act as well as under Section 66(1)(b) of the Bombay Prohibition Act, as well as for the offence punishable under Section 25 of the NDPS Act and ordered necessary directions imposing punishment of imprisonment and fine.

(3.) It appears from the record that the Appellants (present Respondents) had moved the Hon'ble Supreme Court of India in Criminal Appeal No.783 of 2005 and the said Appeal came to be allowed by the Hon'ble Supreme Court by order and judgment dated 23 rd March, 2006 with the following directions :