Cri.Appeal No.745/2016 with

connected Appeals

:: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.745 OF 2016

Shaikh Masood Shaikh Aziz,

Age 43 years, Occu. : Labour

R/o Bazargalli, Badnapur,

Tq. Badnapur, Dist. Jalna

… APPELLANT

VERSUS

The State of Maharashtra

(Copy served on the Public

Prosecutor, High Court,

Bench at Aurangabad)

… RESPONDENT

.......

Shri Joydeep Chatterji, Advocate for appellant

Mrs. G.L. Deshpande, A.P.P. for respondent

....…

WITH

CRIMINAL APPEAL NO.69 OF 2017

Shaikh Sajid Shaikh Nisar,

Age 24 years, Occu. : Labour

R/o Galli No.2, Baijipura, Aurangabad

Tq. & Dist. Aurangabad

… APPELLANT

VERSUS

The State of Maharashtra

(Copy served on the Public

Prosecutor, High Court,

Bench at Aurangabad)

… RESPONDENT

.......

Shri Satej S. Jadhav, Advocate for appellant

Mrs. G.L. Deshpande, A.P.P. for respondent

....…

Cri.Appeal No.745/2016 with

connected Appeals

:: 2 ::

WITH

CRIMINAL APPEAL NO.37 OF 2017

Shaikh Moinoddin Ameeroddin Siddiqui

Age 25 years, Occu. : Driver

R/o Jahangir Colony, Harsul,

Tq. & Dist. Aurangabad

… APPELLANT

VERSUS

State of Maharashtra

(Copy served on the Public

Prosecutor, High Court,

Bench at Aurangabad)

… RESPONDENT

.......

Shri Govind A. Kulkarni, Advocate for appellant

Mrs. G.L. Deshpande, A.P.P. for respondent

....…

CORAM :

R. G. AVACHAT, J.

Date of reserving judgment : 8th FEBRUARY, 2022

Date of pronouncing judgment : 26th APRIL, 2022

JUDGMENT :

This group of three appeals is being decided by

this common judgment and order since common questions of

facts and law arise therein. Moreover, the challenge in all

these three appeals is to a judgment and order dated

25/11/2016, passed by Additional Sessions Judge, Vaijapur in

Special (NDPS) Case No.2/2014, whereby the appellants

herein have been convicted for offence punishable under

Cri.Appeal No.745/2016 with

connected Appeals

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Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic

Substances Act (NDPS Act) and, therefore, sentenced to

suffer rigorous imprisonment for ten years and to pay fine of

Rs.1,00,000/- each. In default of payment of fine, they are

directed to undergo simple imprisonment for one year.

2.

Facts giving rise to the present appeals are as

follows :-

Those were the days of Maharashtra State

Legislative Assembly elections. The Election Commission had,

therefore, constituted squad/s (team of officials) for checking

of vehicles with a view to avoid malpractice/s at election.

P.W.1 Anil Khoche was the head of the squad. He along with

the squad members was assigned duty to check vehicles

moving on Aurangabad-Nagar Road. It was on 2/10/2014 at

3.45 p.m. The informant noticed an autorickshaw (No. MH-

20/W-3537) approaching from Pune side towards

Aurangabad. The autorickshaw was, therefore, intercepted.

The appellants were travelling therein. Appellant Shaikh

Moinoddin (Criminal Appeal No.37/2017) was driving the

autorickshaw. On search of the autorickshaw, two yellow

colour polythene bags were found. The bags were opened to

Cri.Appeal No.745/2016 with

connected Appeals

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find therein 12 brown colour packets each containing 2 Kgs.

Ganja. The informant, therefore, telephonically approached

Gangapur Police Station and reported the matter. P.W.12

Vijaykumar Sonawane (Police Inspector) attached to

Gangapur Police Station along with some of his staff and two

other persons to act as panch witnesses came to the spot. 25

gms. Ganja from each of the brown packets was collected for

examination by Chemical Analyser. The seizure panchanama

in that regard was drawn vide Exh.66. The informant lodged

the F.I.R. (Exh.67). The seized samples were sent to CSFL.

The C.A. report (Exh.114 & 115) indicates the seized articles

(samples) were of Ganja. Investigation was made so as to

ascertain to whom the Ganja belonged and wherefrom it was

obtained. Involv