GANESH LINGAM TEWAR RAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellants challenge the judgment and order dated June 26, 1996 passed by the Special Judge, Greater Bombay in N. D. P. S. Special Case No. 47 of 1991 convicting and sentencing each of them in the manner stated hereinafter : a) Under section 21 read with section 8 (c) of the N. D. P. S. Act, 1985 to undergo 10 years R. I. and to pay a fine of Rs. 1 lakh in default to suffer 6 months R. I. ; and b) Under section 29 of the N. D. P. S. Act, (but awarding no separate sentence ).

(2.) IN short the prosecution case runs as under: on 13-12-1990 the informant Police Inspector Kashinath Kachare P. W. 1 was posted at Narcotic Cell, C. B. C. I. D. , Bombay. At about 8. 20 a. m. while he was on duty one of the informers came and informed him that some persons were going to indulge in narcotic activities in Matunga Mansion. Bhandaroar Road, Matunga, Mumbai 19. He also informed that they were wearing turbans and were in the age group of 25 to 26 years and were short in height. P. I. Kachare P. W. 1 reduced the said information in writing and passed it on to his superiors A. C. P. and D. C. P. Under their guidance the trap was arranged. Two panchas, out of whom one viz. Gulam Farukee has been examined as P. W. 3, were called. They were informed about the information and were requested to act as panchas. They expressed their willingness. The officers and the said panchas took mutual searches. Thereafter the vehicles in which they were to proceed, were also searched. In the searches nothing incriminating was found. Thereafter, after collecting the sealing materials, weighing materials, identification kit and portable typewriter etc. P. I. Kachare P. W. 1 and others proceeded for the spot at about 9. 50 a. m. At about 10. 35 a. m. they reached Matunga Mansion. After some time they noticed five persons whose description tallied with the information which they had received. Since their movements were suspicious they were immediately apprehended. Thereafter P. I. Kachare P. W. 1 and others disclosed to them their identity and asked their names. They gave their names as (1) Ganesh Lingam Tevar, (2) Amriksingh Avtarsingh Chaddha, (3) Lakhwindersingh Tyag, (4) Vinod Vijay and (5) Satwaindersingh Amriksingh Chaddha. Ganesh Lingam Tevar and Amriksingh Avtarsiongh Chaddha were having plastic bags in their hands. P. I. Alimullah Khan P. W. 4, who was one of the members of the raiding party informed them, as also the other accused, whether they desired to be searched before a Gazetted Officer or Magistrate but they declined the offer. Thereafter the plastic bags which Ganesh Lingam Tevar and Amriksingh Avtarsiongh Chaddha were carrying were cut open and in each of them 1 kg. powder was found. The said powder was kept in packets which were sealed. Labels were put and signatures of panchas obtained thereon. Personal searches of the other accused persons were also taken but no drugs were recovered from them. Thereafter all of them were apprehended, P. I. Kachare P. W. 1 along with them came to the office.

(3.) THE F. I. R. of the incident was recorded by P. I. Khan P. W. 4 on the information given by P. I. Kachare P. W. 1. On the basis of the F. I. R. on the same day, at about 1. 40 p. m. , a case under sections 8 (c), 21 and 29 of the N. D. P. S. Act was registered at Narcotic Cell, C. B. , C. I. D. , Mumbai against the appellants and others.