Revati Mohite Dere, J.

The Appellants vide Judgment and Order dated 11th June, 2008, passed by the learned Special Judge (under the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act'), City Sessions Court, Greater Bombay, in NDPS Special Case No.91 of 2007, have been convicted and sentenced as under:-

- for the offence punishable under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 to suffer rigorous imprisonment for 18 months and to pay fine of Rs.10,000/- each, in default, to suffer further rigorous imprisonment for 1 month.

The Appellants along with other co-accused, were however acquitted of the offence punishable under Section 8(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The prosecution case in brief is as follows:-

According to PW6 - Manisha Anant Shirke, PSI attached to Anti Narcotic Cell (ANC), Kandivali Unit, she received information (Exhibit - 48) on 8th November, 2006 at about 06.10 hrs. at the Kandivali Unit, to the effect that three persons were coming near Hotel Holiday Inn, at Juhu at around 10.30 to 11.00 hrs. to sell charas to t