STATE OF MAHARASHTRA Vs. ASHOK

JUDGEMENT

(1.) THIS is a State appeal against acquittal recorded by the Additional Sessions Judge, Wardha on 24.12.1992 in Sessions Trial No. 108 of 1992 against respondent for the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (for short, the 'N.D.P.S. Act').

(2.) THE respondent was prosecuted for the offence punishable under Section 20(b)(i) of the N.D.P.S. Act on the basis of the complaint filed by Constable Subhash Bhoyar who was on escort duty for taking prisoners to the Court premises. When on duty, he noticed the accused loitering in the premises nearby the prisoners and while the accused was trying to hand over packet to one of the prisoners, he was caught red handed and packet in his possession was seized. It appears that the contents of the packet were Ganja. Seizure panchanama was drawn and accused was taken to Police Station and complaint was lodged on the basis of which offence came to be registered.

(3.) THE accused pleaded not guilty to the charge and in support of prosecution case, six witnesses were examined and after considering the evidence on record and the arguments advanced, the learned Additional Sessions Judge recorded a finding of acquittal which is impugned before us by the State.