MUTHAYYA MUTHU THEVAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THREE persons viz. , Muthayya Muthu Thevar, Prem Khatke Rasai and Amarjitsingh Nasibsingh Jaisar were tried by the Special Judge for Greater Bombay in N. D. P. S. Special Case No. 722 of 1991 for an offence punishable under Section 8 (c) read with 20 (b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the N. D. P. S. Act ). The learned Judge found them guilty for the said offence and vide his Order dated 21st March, 1995 sentenced each one of them to undergo 10 years R. I. and to pay a fine of Rs. 1 lakh, in default to suffer six months R. I. Aggrieved by the aforesaid convictions and sentences, Muthayya Muthu Thevar has preferred Criminal Appeal No. 179 of 1995; Prem Khatke Rasal has preferred Criminal Appeal No. 255 of 1995; and Amarjitsingh Nasibsingh Jaisar has preferred Criminal Appeal No. 417 of 1995. Since the said appeals arise out of the same set of facts and a common impugned Judgment, we are disposing them of by one judgment.

(2.) THE prosecution case, in brief, is as under : - On 20th September, 1991, P. S. I. Bhimrao Chandu Patil P. W. 5 and Constable Gurunath Kashinath Mithbawkar P. W. 1 were attached as Sub-Inspector and Constable respectively, to R. C. F. Police Station. At about5-15 p. m. they along with P. I. Jadhav, P. I. Jedia and other Police Constables left the Police Station for patrol duty. At about6-20 p. m. while they were in front of Sejal Medical Stores situated at Panjrapol Naka, they saw three persons coming. THEy were behaving in a suspicious manner. At about6. 45 p. m. they detained them. THE said persons were the appellants. Appellant Amarjitsingh Nasibsingh Jaisar was holding a yellow coloured bag; appellant Muthayya Muthu THEvar had concealed a bag by the side of his abdomen; and appellant Prem Khatke Rasai had concealed a bag in the right hand pocket of his pant. P. S. I. Patil called two panchas, one out of whom Ramesh Shinde has been examined by the prosecution as P. W. 2.In the presence of panchas the appellants were searched. 520 grams of charas was recovered from the yellow bag which appellant Amarjitsingh Nasibsingh Jaisar was carrying; 200 grams of charas was recovered from the bag which was in possession of appellant Muthayya Muthu THEvar; and 270 grams of charas was recovered from the bag which was in the possession of appellant Prem Khatke Rasai. THE said appellants were arrested. THE recovered charase was packed, sealed and labelled in six packets. Seizure panchanama was completed at about8. 00 p. m. THEreafter the police personnel along with the appellants and the recovered charas came to R. C. F. Police Station.

(3.) IN due course, the appellants were put up for trial. They were charged for an offence punishable under Section 8 (c) read with 20 (b) of the N. D. P. S. Act, to which charge they pleaded not guilty and claimed to be tried. During trial, in all the prosecution examined five witnesses. Three of them, namely P. S. I. Bhimrao Patil P. W. 5, Constable Gurunath Kashinath Mithbawkar P. W. 1, and public panch Ramesh Pandurang Shinde P. W. 2 were examined as witnesses of fact. The learned Trial Judge accepted the evidence adduced by the prosecution and convicted and sentenced the appellants in the manner stated in paragraph 1. As mentioned in the said paragraph, the appellants have assailed their convictions and sentences by preferring three separate appeals in this Court.