BHOLA VIJAYPRASAD GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant is challenging the judgment and order of conviction passed by learned Additional Sessions Judge, Washim dated 27.01.2006 in Sessions Trial 4/2003. By the said, learned Judge of the Court below convicted the appellant for an offence punishable under Sec. 20(b) (ii) of the Narcotic Drugs and Psychotropic Substances Act (For short "NDPS Act") and on this count, the Court below imposed sentence of rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000.00, in default of payment of fine, further simple imprisonment of six months. Appellant was also convicted for the offence punishable under Sec. 27 (b) of the NDPS Act and on that count, he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.5,000.00, in default of payment of fine, further simple imprisonment for two months.

(2.) This appeal was admitted on 14.02.2006 and on 18.3.2006 the appellant was released on bail. Heard Mr. Anil Mardikar, learned Senior Advocate with Mr. A. M. Joshi, learned counsel for appellant and Mr. S. S. Doifode, learned A.P.P. for the respondent-State. Both the learned counsel very elaborately detailed their submissions. From the submissions made before this Court in this appeal, the only question that this Court is required to address is; whether there was compliance of the provisions of Sub-Section (2) of Sec. 42 of the NDPS Act.

(3.) According to the learned counsel for the appellant, the said provision being mandatory in nature, its total non-compliance would render the trial vitiated and consequently the appeal will be required to be allowed.