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2008 Supreme(Bom) 1372

A.H.JOSHI
Sau. Parwatabai w/o. Gokulprasad Yadav – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. S. M. BHANGDE, Advocate for the Appellant.
Mr. V. A. THAKRE, Additional Public Prosecutor for the Respondent.

JUDGMENT:-

The Appellant is accused in Special Criminal Case No. 22 of 1997 for offence under Section 20 (b) (ii) A of the Narcotic Drugs & Psychotropic Substances Act.

2. Police Inspector Mr. Pawade ordered to raid the house of the accused on getting secret information on 29th May, 1997.

3. Police Sub-Inspector Tighare conducted the raid in presence of Police Inspector Mr. Pawade, Panch witnesses and Lady Police Constable Buckle No. 4222. Sushila.

4. In the search of the house, twenty five paper sachets of Ganja were found kept in a polythene bag [milk bag].

5. On weightment, Ganja was found to be 8~ grams. Samples were drawn for forwarding for analysis, and different packings were done. The Panchanama of raid was completed. Crime No.96 of 1997 under Section 20 of the NDPS Act was registered.

6. According to prosecution, compliances of all statutory requirements, such as Section 42 (1) and (2), Sections 50 and 57 are duly made.

7. In the trial, two Panch witnesses have turned hostile. Based on police witnesses, Trial Court held that the charge was proved and ordered conviction and sentence.

8. This appeal is admitted and sentence has been suspended.

9. Various grounds are raised in the Me









































































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