DAYAKAR ILLANDULLA MARATYYA ILLANDULLA 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. 1,00,000/-, in default, to suffer further rigorous imprisonment for one year on both counts.

(2.) Fact, according to prosecution, briefly stated, are -

(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.