JUDGMENT - PATIL J.A., J.:---This appeal by original accused Nos. 1 and 2 is directed against the judgment dated 20-1-1997 passed in N.D.P.S. Case No. 2/96 by the Additional Sessions Judge, Khamgaon. The learned Judge tried both the accused along with other two accused for the offences punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the N.D.P.S. Act" for short) and under section 66(1)(b) of the Bombay Prohibition Act. The learned Judge acquitted the remaining two accused but held accused Nos. 1 and 2 guilty of the abovementioned offences and sentenced each of them on the first count to suffer rigorous imprisonment for ten yeas with a fine of rupees one lakhs, in default to suffer simple imprisonment for three years and on the second count to suffer rigorous imprisonment for six months. Feeling aggrieved by the order of conviction and sentence, accused Nos. 1 and 2 have preferred this appeal.

2. The prosecution case in brief is that on 12-5-1996 at about 10.30 p.m. P.S.I. Sasthe of Nandura Police Station received an information that opium and country liquor were illegally kept at the Dhaba of Lakhwindersingh (accused No.

Click Here to Read the rest of this document