SHRIRANG KRISHNAJI JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant - accused has challenged by this appeal his conviction under section 66 (1) (b) of Bombay Prohibition Act, by which he was sentenced to suffer S. I. for three months and to pay a fine of Rs. 500/-, in default to suffer S. I. for one month.

(2.) AS per the prosecution case the accused was apprehended by the police on 24-4-1990 and 12 ganja packets and 13 coins of Re. 1/- each were found with the accused. The ganja that was seized was sent to the CA, who confirmed that it was dried heads of hemp plant (ganja ). Thereafter the appellant-accused was charge sheeted before the Sessions Court, Solapur. On 19-12-1996 charge sheet under section 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and also under section 66 (1) (b) of Bombay Prohibition Act (BP Act) were framed against the accused. Prosecution examined in all six witnesses, two of which were the panchas. However, one of the panchas, namely, Haribhai Pralhad Salunke (P. W. 4) turned hostile and did not support the prosecution. However, another panch witness Subhash Nagnath Ghodake (P. W. 5) supported the prosecution case.

(3.) AFTER appreciating the evidence, the Sessions Court, Solapur, acquited the accused of offence under section 20 (b) of the NDPS Act for non-compliance with the provisions of section 50 of the NDPS Act but convicted the appellant-accused under section 66 (1) (b) of BP Act and sentenced as aforesaid.