YUSUF KHAN HAROON KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal from the judgment and order dated 26.12.1995 of the Special Court in N.D.P.S. Case No. 249 of 1992 by which the appellant -accused was convicted for the offence under Section 20(b)(ii) r/w Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced to suffer Rl for ten years and to pay a fine of Rs. 1.00.000/ -, in default to suffer further RI for one year.

(2.) THE prosecution case in brief is : that on 11.7.1992 at 2.40 p.m. 10 kgs. of charas in the form of balls was seized from the suitcase held in his right hand by the appellant Yusuf Khan Haroon Khan.

(3.) THE members of the raiding party along with the panchas proceeded to the spot and reached Botawala building, situated near the Royal Petrol Pump, Ibrahim Rahimtulla Road, Mumbai 400 003. P I Khedkar instructed two policemen from the raiding party to make enquiries from the chawl about the description of the person Yusuf Khan. His men returned in about 10 -15 minutes with the description. The members of the raiding party then took position on the foot -path near the Botawala building, adjacent to the Royal Petrol Pump, The accused came and stood on the foot -path of the Royal Petrol Pump. After about ten minutes PI Khedkar and PSI Pujari gave the signal to the other members of the raiding party and the panchas. The members of the raiding party and the panchas immediately surrounded the accused. He gave his name as Yusuf Khan Haroon Khan and his address as Room No. 50, Chawl No. 1, B.I.T. Chawl. The members of the police raiding party disclosed their identity to the accused in the presence of the panchas and the accused was then informed that he had a right to be searched in the presence of a Magistrate or a Gazetted Officer and was also informed that P I Khedkar himself was a Gazetted Officer. The accused declined to be searched in the presence of the Magistrate or a Gazetted Officer.