IBRAHIM MOHIT DAMANWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant-Ibrahim Mohit Damanwala and three others who came to be tried in Sessions Case No. 81 of 1990 for the alleged offences punishable under Secs. 66(1)(b) of the Bombay Prohibition Act, 1949 and 20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short - NDPS Act] by the learned Sessions Judge,Valsad at Navsari, were at the end of trial ordered to be convicted for the same and sentenced to undergo RI for ten years and to pay a fine of Rs. One lakh each, and in default, to undergo further RI for one year, etc. etc. No separate sentences for the offence under Sec. 66 (1) (b) of the Prohibition Act, and Sec. 29 of the NDPS Act have been passed.

(2.) The prosecution case as per the evidence of PSI- H. S. Patil [PW-6, Exh. 58] is to the effect that when on 2-3-1990 he was in charge of Valsad City Police Station, at about 11-30 p.m. he was informed by Police Constable Vasudev Atmaram [PW-2, Exh. 26] that some persons were selling and smoking 'Charas' behind the Dargah of Sheramsha Baba. On this tip-off, he requisitioned services of two Panch witnesses, viz., Mohan Ichharam [PW-1, Exh. 25] and Jemanji Kanji (not examined) and proceeded to the alleged scene of offence where he found that five persons sitting in circle were smoking 'Charas'. On interrogation, each one of them gave out their names as (i) Ibrahim M. Damanwala, (ii) Abbas Amir, (iii) Abdul Latif, (iv) Nasir Husain and (v) Umar Ibrahim Bhatti (absconding) respectively. Not only that but on taking serarch of each one of them in the presence of aforesaid two panchas, different quantity of 'Charas' - in all weighing 34 grams was recovered from them. One chalam was also recovered from the accused No. 1 which was quite hot indicating thereby that the same was used for smoking just before sometime it came to be seized. On his further seach, a white piece of cloth and an amount of Rs. 270.00 was recovered. Thereafter, on taking search of other accused persons, viz., Umar Ibrahim Bhatti [absconding], accused Nos. 1, 2, 3, & 4 'Charas' weighing 11.1 grams, 18.7 grams, 2.750 grams, and 1.450 grams, respectively were recovered from each one of them. Thereafter, muddamal sample was seized and sealed in presence of Panchas and the appellant accused were taken to Valsad Municipal Hospital where M. O. Ramratan H. Ramavat [PW-3, Exh. 28] examined them and took blood samples, which in turn were forwarded in 'Form- B' to Forensic Science Laboratory at Surat. On receipt of report Exh. 50 to the effect that the muddamal sample was 'Charas' and Chemical Analyser's Reports Exhs. 41 to 45 that the blood samples contained Chemical ingredients of "Channabis Sativa", Investigating Officer submitted Charge-sheet for the aforesaid alleged offence against the appellant accused to stand trial before the learned Sessions Judge, Valsad at Navsari.

(3.) At trial, the appellants pleaded not guilty and claimed to be tried counter alleging that they were falsely implicated by the police. The trial Court after duly appreciating the prosecution evidence brought on the record convicted and sentenced the appellants, as stated in detail in above para-1 of this judgment, giving rise to the present appeal.