KANUBHAI KHODABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgement and order dated 26/05/1998 rendered by the learned Additional Sessions Judge, Nadiad, in Special NDPS Case No. 125 of 1992, by which the appellant is convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act' for short) and punished with R.I. for 10 years and a fine of Rs. 1 lac (Rupees One lac Only), in default to undergo S.I. for 3 months.

(2.) In the year 1991, Mr. K.S. Savani, Police Sub Inspector of Task Force, was discharging his duties at Kheda (North). On 05/11/1991, he was in patrolling. During patrolling, when he was near Piplag Chokdi on Dabhan Highway, on his reaching at Dumral Chokdi, he received an information that in the `Sim' of Village Dumral, Kanubhai Khodabhai Patel of Village Dumral, is in possession of contraband opium and he is selling the same. The PSI, therefore, called two panchas, who expressed their willingness to be the panch witnesses. After having inter se search of each other, they reached to the field of Kanubhai Khodabhai in the `Sim' of Village Dumral. On raiding the place, in presence of the panchas, one person tried to run away, but he was caught and on enquiry, he disclosed his name in the presence of panchas, to be Kanubhai Khodabhai. He was sitting on a cot. On searching that place and on personal search of Kanubhai, total 32 packets of opium were found, of which two were of large size and thirty were of small size. All these packets were on the cot, where Kanubhai was sitting. On personal search of Kanubhai, currency notes of Rs.114=00 of various denominations were found. Weighing scale and measurements of 100 gms., 50 gms. and two of 20 gms. were found. Kanubhai was asked as to whether he wish to keep any superior officer or any other officer present while carrying out Panchnama. The accused-Kanubhai Khodabhai declined. The opium found in presence of panchas weighing 420 gms. was seized along with other articles. The same was kept in a plastic bag with a slip containing signatures of the panchas. The same was sealed and taken in custody. The seal applied on it was "Police Sub Inspector Task Force, Kheda". After completing the panchnama, the police party went to Village Dumral, where the residential house of the accused-Kanubhai Khodabhai was searched, but nothing objectionable was found from the house. The police party, then, proceeded from Village Dumral to Nadiad Rural Police Station. There the Police Officer, Mr. K.S. Savani, filed his complaint against Kanubhai Khodabhai. It was registered as Nadiad Rural Prohibition Crime Register No. 276 of 1991 under Section 66B, 67A of the Bombay Prohibition Act and Section 20 of the NDPS Act. The Police Officer took possession of muddamal and also the investigation of the case. The Police Officer sought remand of the accused for further muddamal and information. On expiry of the remand period, the accused was handed over in judicial custody. The Police Officer prepared a forwarding note for sending muddamal to FSL and sent that note to the Divisional Officer, Nadiad. On receipt of the necessary certificate from him, the muddamal was sent to the Forensic Science Laboratory (FSL), Ahmedabad with Police Constable, Hajaji Dhulaji on 28/11/1991. On receipt of the FSL Report and on completion of the investigation, the appellant was chargesheeted for the offence punishable under Section 17 read with Section 22 of the NDPS Act.

(3.) The learned Judge framed charge against the appellant for the offences punishable under Section 17 read with Section 22 of the NDPS Act. The charge was read over and explained to the appellant, who pleaded not guilty to the same and stated that he is falsely implicated and claimed to be tried.