Bhanudas Dnyanoba Girigosa And ORS v. The State Of Maharashtra

apeal.97-2011 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 97 OF 2011 1.Bhanudas Dnyanoba Girigosawi Aged: 50 years, Occ: Nil Resident of Mulund Colony, Ramabai Pada Pipeline Zopadpatti, Mumbai 2.Santosh Shankar Kharat Aged: 27 years, Occ: Labourer Resident of Parshik Retibandar, Datta Chowk, Hanuman Nagar, 3.Manik Irappa Bhande Aged: 49 years, Occ:

Resident of Malik Marjapur Tal. Bidar, Dist. Bidar, Karnataka, [Presently lodged at Solapur District Prison, Solapur].

..Appellants (Orig.Accused Nos.1,4 & 5.) Vs.

The State of Maharashtra ..Respondent.

----- Miss. Misbaah A. Solkar i/b Amin Solkar for Appellants. Smt. V.R. Bhonsale, APP for Respondent-State. ----- CORAM: A.S. GADKARI, JJ.

DATE: 10th July 2015.

P.C.

For the reasons which are separately recorded, Criminal

apeal.97-2011 Appeal is allowed and the conviction and sentence imposed upon the appellants by judgment and order dated 7th January 2011 in NDPS Special Case No.24 of 2007 by the Special Judge, Solapur is hereby quashed and set aside and they are acquitted of the offence with which they were charged and convicted. Fine, if any paid by the appellants, be refunded to them. Since the appellants are in jail, they be released forthwith, if not required in any other case.

(A.S. GADKARI,J.)