DAYAKARILL AND ULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant-original accused has challenged judgment and order dated 7.12.2007 passed by the Special Judge, NDPS Court, Nagpur in Special Case No. 44 of 2006 whereby the appellant was convicted for the offence punishable under Section 20(b)(ii)(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 100,000/-, in default, to suffer further rigorous imprisonment for one year on both counts.

(2.) Fact, according to prosecution, briefly stated, are On 5.3.2006 at about 05.15 pm, one white Tata Sumo bearing No. MH-04-AA-9519 was suspected and stopped by police. Appellant Dayakar was driving the vehicle while another accused Sadaiyab, who died during the pendency of trial, was sitting on backside of vehicle. Ten gunny bags containing ganja weighing 184 kg was found. Police took sample of 24 gms from each gunny bag and sealed. Remaining ganja was also sealed and labelled. Seizure panchanama was prepared (exhibit 23). Accused along with vehicle and the property was brought to Jaripatka Police Station, Nagpur. Head Constable Deokumar Mishra lodged report (exhibit 31). Crime was registered vide FIR No. 6038/06 under Section 20 of the NDPS Act. PSI Nagre received property and re-sealed it. Tata Sumo vehicle was also deposited at the Police Station. Custody of the accused was handed over to PSI Nagre. Later, property was sent to Chemical Analyser who reported that ganja was detected in the samples. After completion of investigation, accused were charge-sheeted under Section 20(b)(ii)(c) and Section 29 of the NDPS Act before Special Judge, NDPS Court at Nagpur.

(3.) Charge (exhibit 4) was framed on 7.10.2006 to which accused pleaded not guilty and claimed to be tried. Accused No. 2 Sadaiyab died during the pendency of trial and case abated as against him.