AMARJEET SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused-appellant has been held guilty of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo Rigorous Imprisonment for 10 years with a fine of Rs.1,00,000/- (Rupees one lakh) and in default of fine, to undergo further Rigorous Imprisonment for two years. The conviction, as also the sentence passed thereon by the learned Special Judge, Nagpur, have been maintained in appeal by the High Court.

(2.) Briefly stated the prosecution case is that Bhaskar Kolhe (PW 6), Police Head Constable, attached to Crime Branch, Nagpur received an information at about 12-15 p.m. on 8th January, 1993 that a person by name Amarjeet Singh was possessing brown sugar and selling the same by standing near Mominpura Masjid. He was also informed of the features of the accused so as to identify him. Head Constable Kolhe made a record of the information and sent a copy of the same to the Assistant Commissioner of Police who was his immediate superior officer. He made preparations for preserving and sealing the material likely to be seized and then proceeded to Mominpura Masjid, i.e., the place where the accused was standing as per the information. He was accompanied by police constables. After reaching Bhagawaghar Chowk, a place on the way, Head Constable Kolhe stopped and called two witnesses, namely, Mohammad Israil (PW 1) and Hemraj Parate. The two Panchas were informed the purpose for which they were called. Then they proceeded on foot towards Mominpura Masjid. The accused was found standing as per information. He was encircled by the raiding party. Head Constable Kolhe disclosed his identity to the accused and informed him that he was to be searched in connection with recovery of brown sugar, a narcotic drug. He also gave option to the accused in the presence of the Panchas as to whether he wanted to have himself searched by being taken either before any Gazetted Officer or a Magistrate. The option was declined by the accused. To that effect a writing was prepared and signed by the accused and also signed by the panch witnesses. The accused was then searched. A polythene bag and currency notes of Rs. 40/- were found in the watch pocket of his pant. The polythene bag was taken out and opened. It was found containing ten tiny packets wrapped in a paper of note book. These tiny packets were opened. Each of the packets contained brown sugar. The contents of all the ten packets were collected together and weighed. The total quantity found was 1100 mgs. out of which 100 mgs. quantity was separated as a sample to be sent to chemical analyser. The remaining 1000 mgs. quantity was separately sealed. The cash amount of Rs. 40/- was separately sealed. A Panchnama was prepared making a record of these proceedings and signed by the panch witnesses. On 11-1-1993, 100 mgs. quantity, which was separated by way of sample, was sent to the chemical analyser and was found to be Heroin, i.e. Diacetyl Morphine along with opium alkaloids. After the receipt of the report of the chemical analyser, chargesheet was filed against the accused.

(3.) The trial Court has believed the testimony of Head Constable Kolhe supported by the testimony of panch witnesses and held the accused guilty and sentenced him as already stated hereinabove.