REHANABI SHEIKH ATIQ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are assailing the judgment dated 30-8-2018 rendered by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/2012 whereby the appellants-who shall be referred to as the 'accused' hereinafter-are convicted for offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( NDPS Act for short) read with Section 34 of the Indian Penal Code are sentenced to suffer rigorous imprisonment for seven years and to payment of fine of Rs.25,000/- each, and in default of payment of fine to undergo further simple imprisonment of thirty days.

(2.) The prosecution case:-

(3.) Shri A. Bhangde, learned Counsel for the accused would submit that the judgment of conviction is illegal and the accused are entitled to acquittal on the short ground of non-compliance of the mandatory procedure prescribed under Section 50 of the NDPS Act. Section 50 of the NDPS Act reads thus :