DILIP RAMCHANDRA GURAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANTS convicted under Section 20(b)(1) of the NDPS Act and sentenced to RI for two years and to pay a fine of Rs.1000/- each in default to undergo further imprisonment of one month in Sessions Case No.17 of 1993 by judgment and order dated 30/11/1993 recorded by the IV Addl. Sessions Judge, Satara have preferred this appeal against the order of their conviction and sentence.

(2.) AFTER going through the depositions of the prosecution witnesses and hearing Mr. Mohite for the appellants, I am of the view that this appeal can be allowed on the ground that there was non-compliance with the mandatory provisions of Section 42 of the NDPS Act.

(3.) BEFORE the Sessions Court charge was framed under Section 20(b)(i) of the NDPS Act. The defence of the accused was of total denial. On behalf of the prosecution the members of the raiding party including the panchas were examined. Several contentions were raised before the Sessions Court including the contravention of the provisions of NDPS Act including Sections 41 to 57. However, on the basis of the law and the interpretation made on the said provisions, the trial Court held that those provisions were directory in nature and, therefore, non-compliance thereof would not vitiate the trial. That is how the trial Court convicted the appellants and sentenced them as stated above by the judgment and order dated 30-11-1993 which is challenged in this appeal.