SUMATI JOSEPH NAIDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both the appeals are arising out of the same judgment of conviction delivered by the Special Judge, NDPS Court, Mumbai on 25th and 26th February 1997 in NDPS Special Case No. 624 of 1996, we are disposing off both the appeals by this common judgment.

(2.) APPEAL No. 351/97 is preferred by the convicted original accused No. 1 and Appeal No. 173/97 is preferred by the convicted original accused No. 2. Both these accused were convicted for the offence punishable under section 21 read with section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and were sentenced to suffer R. I. for 10 years each and to pay a fine of Rs. 1,00,000/- each and in default of fine to suffer R. I. for one year each.

(3.) THE prosecution case, in short, is that in MRA Marg Police Station P. I. Mukhedkar received secret information on phone on 18-10-1996 at about 9 p. m. that one female and one male of certain description were sitting on a wooden cot and were distributing gurd powder to customers. This information was recorded in the narcotic information book, superior officer was informed, panchas and other police officers were called, pre-trap panchnama was prepared and the raiding party went to the spot in front of St. George Hospital confirmed the presence of the two persons at the spot and thereafter the entire police party carried out the raid.