JUDGMENT - S.S. PARKAR, J.:---This appeal is filed by the appellants who were convicted under section 20(b) of the N.D.P.S. Act and also under section 66(1)(b) of the Bombay Prohibition Act.

2.As per the prosecution case about 18 kg. of ganja was seized from the appellants as a chance recovery on 10-8-1989. On that date, complainant Head Constable Ambadas Wankhede P.W. 3 attached to City Police Station Barsi was assigned duty at Bhosale Chowk at Barsi. It was the time of Ganapati and Moharam festival and, therefore, most of the policemen were doing patrolling duty in the town. The other police officers including A.S.I. Maruti and Head Constables and Police Constables had also arrived at the said place at about 12 in the night. At about 12.15 in the night appellants were seen hurriedly proceeding by Arangaon road towards railway station which gave rise to the suspicion in the mind of the complainant and other policemen. Appellants were, therefore, asked to stop. The appellant No. 1 was carrying leather bag while appellant Nos. 2 and 3 were carrying bundles of plastic bags smelling of ganja and therefore panchas were called and the appellants were asked about their names and their pla

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