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 examined in all six witnesses including the panch P. W. 3 Sandesh Nikam, C. A. P. W. 5 D. P. Mhatre and P. W. 2 Renuka Honap, who was a lady officer, was also examined, for proving in particular the search and seizure from accused No. 2. THE plea of the accused was of denial. However, the case of the prosecution was accepted by the Special Court and the accused came to be convicted, as stated above. It is this conviction, which is challenged in the present appeals.