MOHAMMED YASIN AHMEDBHAI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) P. S. I. Shamlaji Police Station Mr. Shankerbhai Purshotamdas Patel, while patrolling, received a secret information in the early morning hours of 11. 6. 2002 that a person travelling by Luxury Bus No. RJ-23-P-1802, is carrying contraband. He, therefore, went to the Police Station, made an entry in the police station diary, informed his superior, also informed the Mamlatdar, Bhiloda and went to Shamlaji Check-Post at about 7. 30 A. M on 11. 6. 2002. He had also summoned two panch witnesses, namely, Rameshbhai Badabhai Patel and Manishkumar Harbanslal, for the purpose. When Bus No. RJ-23-P-1802 arrived at the Check-Post, the said officer, along with other members of the raiding party and the Mamlatdar, Bhiloda Mr. Punjabhai Shankerbhai, boarded the bus and the Mamlatdar introduced himself as such and informed the passenger travelling on Seat No. 31 about the secret information and for a search. The passenger, initially, showed his reluctance, but, ultimately, came to be searched. A bag was found with the said passenger, where-from, besides his clothes, contraband charas weighing about 7. 500 Kgs. , packed in three different polythene bags, was found. The passenger was the present appellant Mohammed Yasin Ahmedbhai Sheikh, as per the prosecution case. He was brought out of the bus. Witness Prakashchandra Naranbhai Soni was summoned for weighment of the contraband seized. The procedure was undertaken, samples were drawn and the samples and the contraband seized, were sealed. A panchnama to this effect was prepared in the presence of the panch witnesses and thereafter F. I. R was lodged by P. S. I. Mr. S. P. Patel. On the basis of that, offence was registered, the samples of the contraband seized were sent to F. S. L and were found to be that of charas. The charge sheet, therefore, came to be filed against the appellant for the offences punishable under Sections 8 (C), 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["n. D. P. S. Act" for short] and N. D. P. S. Case No. 2/2002 came to be registered in the Sessions Court, Sabarkantha at Himatnagar.

(2.) LEARNED advocate Mr. Yogesh R. Agrawal, appearing for the appellant, submitted that the prosecution case suffers from various defects. He submitted that, as per the evidence of the first informant, he had received information only to the effect that a passenger, going by Bus No. RJ-23-P-1802, would be travelling with contraband. Mr. Agrawal submitted that in spite of this, when the search of the bus was conducted, there is no evidence to show that any other passenger was even searched or inquired about the contraband. How and why the raiding party stopped only at Seat No. 31 occupied by the convict appellant, is not explained.

(3.) 3. 1 Mr. Agrawal submitted further that the panch witnesses, in whose presence the contraband was seized, have not supported the prosecution case and have turned hostile.