KISHORE GOPALDAS THAWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the advocate for the appellant-accused and the learned A. P. P. for the State.

(2.) THE appellant-accused has challenged his conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N. D. P. S. Act) by which he was convicted under section 21 and sentenced to suffer r. I. for 10 years and to pay a fine of Rs. 1,00,000/- in default to suffer R. I. for 1 year.

(3.) THE counsel for the appellant made three submissions before us. Firstly, according to him even as per prosecution 4 vials i. e. small plastic bottles totally weighing about 5. 90 grams were recovered from the appellant-accused, no separate weight of the powder was made and therefore there was no evidence to hold that the accused was in possession of more than a permissible limit i. e. . 250 milligrams at the relevant time. Secondly, he submitted that there is no compliance to section 57 of the N. D. P. S. Act, regarding sending of the report to the Seniors within 48 hours, and thirdly that the F. I. R. produced and proved by the prosecution witness - I. O. is suspicious because there is no acknowledgment nor any time of lodging the same.