SAHEBRAO CHANGDEO CHINE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29th June 1994 recorded by the Second Additional Sessions Judge, Nasik, whereby he convicted the appellant under S.27 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced him to undergo R.I. for four months and to pay a fine of Rs.500/- in default R.I. for 15 days. The learned Sessions Judge also convicted the appellant under S.66(1)(b) of the Bombay Prohibition Act and thereunder sentenced him to undergo R.I. for three months and to pay a fine of Rs.100/- in default R.I. for 7 days in Sessions Case No.58 of 1994.

(2.) THE short point on which this appeal can be allowed so far as the conviction of the appellant under S.27 of the NDPS Act is concerned, is non-compliance of S.50 of the NDPS Act as interpreted by two Division Benches of this court to which decisions reference would be made hereinafter.

(3.) BEFORE the Sessions Judge, the Appellant was charged under S.27 of the NDPS Act and under S.66(1)(b) of the Bombay Prohibition Act, to which he pleaded not guilty. The defence of the appellant was of denial and that according to him he was caught by the police in the field.