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TMI Blog2011 (3) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... result the, the prosecution case fails and appellant accused deserves to be given the benefit of doubt, appeal is allowed. The appellant accused is acquitted of the offences punishable under Section 20(b) read with Section 8(c) of the N.D.P.S. Act, 1985 and is ordered to be set at liberty unless required in any other case, Criminal Application does not survive and same is disposed - Criminal Appeal No. 1020 of 2006 with Criminal Application No. 152 of 2011 in Criminal Appeal No. 1020 of 2006 - - - Dated:- 29-3-2011 - U.D. Salvi, J. Taraq Sayed, for the Appellant A.A. Mane, APP for the State JUDGMENT 1. Conviction of the appellant accused under Section 20(b) read with Section 8(c) of N.D.P.S. Act, 1985 and conseque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -Nathubhai Dinkar Gaikwad, P.C. (Exh.9), PW2- Tilakraj Uppal, panch (Exh.12), PW-Gurucharansingh Gujral Raja-Taxi driver (Exh.14), PW4-Damodar Ratnapa Tharkar P.C. (Exh.15), PW5-Sanjay Shamrao Prabhawale, Asstt. CA (Exh.17) and PW6-Murlidhar Patangrao Chavan, API I.O. (Exh.21). F.I.R.at Exh.10. Seizure panchanama at Exh.13, forwarding memo at Exh.16, data sheet maintained at the office of FSL at Exh. 18, CA report at Exh.19, copy of the forwarding memo is at Exh.20 and special report at Exh.22 were further adduced in evidence in support of the prosecution case. Both the accused controverted the prosecution case vide their statements at Exh.24 and Exh.25 respectively. 5. Mr. Sayed, the learned Advocate for the appellant accused submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e course of nakabandi, is found revealed in the testimony of PW1Nathubhai Dinkar Gaikwad, P.C. and PW6Murlidhar Patangrao Chavan, API at Matunga Police Station. 7. It was a chance recovery in the course of nakabandi at Bhau Daji Road, Matunga, Mumbai and, therefore, the police called the panchas after the discovery of bag suspected to be containing contraband article ganja. 8. PW2-Tilakraj Uppal a local taxi man was one of the panchas. He deposed that the appellant accused who was found seated on the rear seat of the taxi bearing registration no. MH01J7823 with one black coloured rexine bag by his side was unable to give replies to the police inquiry regarding contents of the bag and the search taken by the police had resulted in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contraband found in the black rexine bag seized from the custody of the appellantaccused at the material time. Identification of the contents of the sample packets articles 1/2 and 1/3 by PW2 Tilakraj Uppal was equally necessary to establish that those were the samples which were drawn from the contraband seized at the material time. Strangely the seizing officer PW6-Murlidhar Patangrao Chavan failed to identify the contents of the sample packets (articles 1/2 and 1/3). 10. PW3 Gurucharansingh Gujral Raja-Taxi driver of taxi bearing no. MH01J7823 made general reference to the seizure made by the police at the material time. PW5-SanjayShamrao Prabhawale, Asstt. CA claimed in his evidence that he had analyzed the contents of the sealed e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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