Case Note & Summary
The State of Maharashtra appealed against the acquittal of Ramesh Ramchandra Naik by the IIIrd Additional Sessions Judge, Raigad-Alibag, in Sessions Case No.177 of 1999. The respondent was charged under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 25 tablets of charas. The prosecution case was that on 3 October 1987, Matheran Police received information that the accused was selling charas near Satya Vijay Hotel. Two panchas were called, and the accused was caught and searched, recovering a plastic bag containing charas from his shirt pocket. The panchanama was drawn on the spot, and the accused was brought to the police station. The defence claimed that the case was false, filed due to a dispute over meal charges with Police Constable Bandhankar. The trial court acquitted the accused, finding the prosecution evidence unreliable. The High Court, in appeal, examined the evidence and found that the panch witness turned hostile, and the prosecution failed to comply with mandatory provisions of the NDPS Act regarding search and seizure. The court held that the trial court's acquittal was based on proper appreciation of evidence and was not perverse. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(ii) - Possession of Charas - Acquittal - Appeal against acquittal - The prosecution failed to comply with mandatory provisions of the NDPS Act regarding search and seizure, including joining independent panch witnesses and proper sealing of contraband - The trial court's acquittal was based on appreciation of evidence and cannot be interfered with unless perverse - Held that the appeal was devoid of merits and dismissed (Paras 1-10).
Issue of Consideration
Whether the prosecution proved the guilt of the accused beyond reasonable doubt under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether the trial court's acquittal was justified.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the IIIrd Additional Sessions Judge, Raigad-Alibag, in Sessions Case No.177 of 1999 is confirmed.
Law Points
- Non-compliance with mandatory provisions of NDPS Act
- Failure to join independent panch witnesses
- Lack of proper search and seizure procedure
- Benefit of doubt to accused
- Acquittal upheld
