STATE OF MAHARASHTRA Vs. SANTOSH PANDURANG NAIK

JUDGEMENT

(1.) THIS is a petition by the State of Maharashtra in connection with Special Case No.583 of 1996 pending before the Special Judge under NDPS Act from Sessions Court, Greater Bombay. On the application filed by respondent No.3, original accused No.3, Amirnawab, after hearing all the parties the learned Judge recalled his earlier order dated 15th October 1997 and further directed the prosecution to produce the muddemal property which are samples and the attached property before the court in separate tin boxes and that prosecution shall also provide suitable tin boxes.

(2.) EARLIER on 15th October 1997 the learned Judge has granted liberty to the prosecution to destroy the property under the provisions of S.52A of the NDPS Act but it is stated that at that time the accused were not heard on that point and that way the order was ex-parte. The principal contention raised by accused No.3 was that the samples of the property, the subject matter of the offence, have been tampered with by the prosecution and, therefore, it is necessary to have the property before the Court. That is how the learned Judge after hearing parties passed the impugned order.

(3.) ON the face of it, when the allegations of tampering are there and the learned Judge has directed the property to be produced before the Court during the course of trial this sort of petition for insisting on the destruction of the property need not be considered. However, Mr.Borulkar made a grievance that there is no space for storing property in the Sessions Court and in that behalf he was granted time till today to obtain necessary information.