MUNNALAL MATHURAPRASAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 677 of 1988 is preferred by original accused No. 1 whereas Criminal Appeal No. 674 of 1988 is preferred by original accused Nos. 2 and 3 against the judgment and order passed in Sessions Case No. 269 of 1987 by learned Additional City Sessions Judge, 3rd Court, Ahmedabad on 19-7-1988, convicting the appellants-accused under Sec. 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentencing each of them to rigorous imprisonment for 10 years and fine of Rs. 1 lakh each, in default of payment of fine, one year's rigorous imprisonment. Both the appeals are arising out of the same judgment, and are, therefore, disposed of by this common judgment.

(2.) Concisely stated, the prosecution case as it emerges from the records, is as under :-

(3.) Arvindsing Jaswantsing Chavda PW. 4, a police constable of Gomtipur Police Station, through an informant, came to know that one Radhechandra Jogeshwar, accused No. 1, residing at bungalow No. 9 of Krishnanagar Society has ordered for charas and some people have come with charas and all of them are at bunglow No. 9 Krishnanagar Society. This information was received on 17-11-1987 at 11- 00 p.m. which was conveyed to his higher officers, i.e., Police Sub-Inspector Jadeja PW. 5, Police Inspector Chavda and Police Superintendent Jani (Inspector and Superintendent are not examined by the prosecution). Two panchas were called and they were explained about the raid to be carried out. The police party reached the place in two different vehicles. PSI Jadeja went to bungalow No. 9 and on knocking at the door, one person opened the door from inside and that person stopped PSI Jadeja from entering into the house. Three persons tried to run away by the rear door of the kitchen. However, two of them were caught by police personnel. In the presence of panchas, the premises was searched and from a shelf in the bathroom, two bags, one of white colour and the other of green colour, were found by constable Arvindsing and on searching the bags, black coloured lumps were recovered from the bags, which smelt like charas. The white bag contained 4 kg. and 800 grams charas while the green coloured bag contained 900 grams. About 50 grams from each bag were taken as samples and the bags and the samples were separately sealed, putting the slips of the panchas and affixing seals. Radhechandra, accused No. 1 was asked to produce some evidence as to the ownership of the bungalow No. 9 and he produced an electric bill in his name. The same was initialled by the panchas and the PSI and that was also seized. Muddamal was seized. F.I.R. was registered against the four accused. The premises where accused No. 2 and 3 were staying were also searched but nothing incriminating was found. Accused No. 4 was arrested on 18th October 1987 at about 10-00 a.m. In the opinion of Forensic Science Laboratory, the muddamal samples were of charas. On completion of investigation, charge-sheet was filed against the accused persons on 30-11-1987 in the Court of Chief Metropolitan Magistrate, Ahmedabad, who committed the accused to the Court of Session for trial. Charge, vide Exh. 3, was framed against all the accused, to which all the accused pleaded not guilty.