MOHANLAL KHETARAM JANGID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals arise out of judgment and order dated 29th June, 1994, passed by the Special Judge, Greater Bombay in N. D. P. S. Special Case No. 695 of 1991 convicting accused Nos. 1 and 2 under section 21 read with section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("n. D. P. S. Act" for short) and sentencing them to suffer R. I for ten years and to pay a fine of Rs. 1,00,000/- in default to suffer further R. I. for six months.

(2.) BRIEFLY stated, the case of the prosecution is as follows:

(3.) DURING the course of the proceedings before the Special Court, all the accused persons were prosecuted. However, accused Nos. 3 to 8 were discharged as nothing incriminating was found against them. Only accused Nos. 1 and 2, against whom substantial material was found, were tried. Charge was framed against the accused on 20th July, 1993. It was read over and explained to the accused and they pleaded not guilty and claimed to be tried. As the trial proceeded the prosecution examined four witnesses and proved certain documents on record. On appreciation of evidence produced by the prosecution and the circumstances of the case, the Special Court found both the accused guilty of offence under section 21 read with section 8 (c) of the N. D. P. S. Act.