STATE OF MAHARASHTRA Vs. KONDIBA BAHIRU THAMBARE
LAWS(BOM)-2020-3-435
HIGH COURT OF BOMBAY
Decided on March 20,2020

STATE OF MAHARASHTRA Appellant
VERSUS
Kondiba Bahiru Thambare Respondents

JUDGEMENT

V.G.BISHT,J. - (1.) This Criminal Appeal has been preferred by the Appellant-State aggrieved by the judgment and order dated 3rd May, 2000 passed by the learned Sessions Judge, Satara in Sessions Case No. 94 of 1998 whereunder respondent/accused was acquitted of the offence punishable under Section 8 (b) r/w Section 18 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, "the NDPS Act ").
(2.) The brief facts of the case are: Shri. V.H.Jadhav, Deputy Superintendent (PW-4) and Shri B.V.Dhavale, Excise Sub-Inspector (PW-5) informant accompanied by panch witnesses went to the village Bawdhan on 25 th February, 1997 and raided certain fields including the field of Kondiba Bahiru Thombare (accused) bearing Gat No. 211. The prosecution alleged that they found accused growing opium-poppy plants in his field where the wheat crop was standing. Those opium-poppy plants were 400 in numbers. In the presence of the accused and panch witnesses the opium-poppy plants were uprooted and out of it, two samples alongwith earth sample were taken from the field under the panchnama.
(3.) PW-5 informant later on lodged a report on the basis of which Crime No. 46 of 1997 under Section 8 (b) r/w Section 18 of the NDPS Act came to be registered against the accused and after necessary investigation the accused was chargesheeted. The accused abjured his guilt and put forth the case of false implication.;


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