MOHAMMAD ASLAM KHAN Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Leave granted.

(2.) This Appeal is preferred against the judgment of the Bombay High Court in Criminal Appeal No. 378/93 dated 18-10-94. The Judgment under appeal has confirmed the conviction and sentence passed against the appellant under Section 22 read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') by the learned Special Judge, Greater Bombay by his judgment and order dated 25/28th June, 1993, in Special case No. 255/89. Brief facts are the following.

(3.) At the outset, it may be pointed out that the appellant was tried by the Special Judge along with other accused and also along with connected case. On 5-3-89, officials of Narcotic Control Bureau, Bombay (N. C. B. for short) raided the houses of the co-accused. One of the co-accused by name, Raj Babu Pardan, pointed out the residence of the appellant situated at second floor, S. M. Mansion, 299 Bellasis Road, Bombay, thereby suggesting to conduct a raid in that premises as well. Accordingly that house of the appellant was searched on 6-3-89, and some incriminating documents along with cash amount of Rs. 45,000/- came to be seized. In connection with that seizure, the appellant was brought to the office of the Narcotic Control Bureau, Bombay for interrogation. While the appellant was in the office of the Narcotic Control Bureau, Bombay for the purpose of interrogation, the Intelligence Officer of the said Bureau received information to the effect that the appellant was having another flat No. 102, in building No. 8A 1 Quba Co-operative Housing Society, Millat Nagar., Andheri, Bombay-58. The further information received was to the effect that the appellant was trafficking in norcotic and psychotropic drugs in a big way and he had stored Mandrex tablets numbering 50,000 to 60,000 in that house. On receipt of this information on the evening of 7th March 1989, the said premises came to be searched in the presence of Panchas. In the search, the officials seized 50,000 Mandrex tablets contained in a maroon coloured bag along with certain documents.The samples of the said Mandrex tabletx were drawn under a panchnama. The Deputy Director of Narcotic Control Bureau, was informed about the result of the search. It may be noted that the said search was conducted when the appellant was being interrogated by the Narcotic Control Bureau, officials. It is also common ground that the said premises was under lock and key and the search party broke open the lock for conducting the search. In the course of the interrogation, the appellant was asked about the seizure of those 50,000 Mandrex tablets and he was said to have given statements under Section 108 of the Customs Act, 1962, and also under Section 67 of the N. D. P. S. Act, 1985. In the course of the search and seizure of the said premises along with the contraband tablets an agreement dated 8-3-1989, supposed to have been signed by the appellant in favour of the promotor/builder was also seized by the officials.