NAGNATH PANDHARI MEKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE challenge in this appeal is to the conviction and sentence inflicted upon the appellant (original accused) by way of judgment and order dated 20.5.1998, by the Special Judge. Latur in Special Case No. 3 of 1997, convicting the appellant under section 2(iii)(b) r/w section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which is punishable under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentencing him to suffer rigorous imprisonment for four years and to pay fine of Rs. 4000/- with default condition of non-payment of fine to further suffer rigorous imprisonment for one year.

(2.) THE factual matrix of the prosecution case can be summarised as under:- On 27-1-997, PW 5 P.I. Sambhaji Gutte was proceeding from Shivaji Chowk to S.T. Stand Udgir on feet for patrolling duty at about 5.30 p.m. and reached to S.T. Stand within ten minutes and took a round on the S.T. Stand. He kept vigil out side the police chowky and was watching the passengers. At about 5.45 p.m. to 5.50 p.m. there was a crowd of passengers at the S.T. Stand. THEre was a police chowky (out post) in the main building of S.T. stand within its premises. THE routine vigil was kept on the passengers, who were having ingress and outgress at the S.T. Stand and PW 5 P.I. Gutte was sitting out side the said police chowky. He spotted one person who was going across the crowd of passengers and was moving with a suit case in his hand, and suspected the said person as to whether he was carrying some stolen articles. Hence, FW 5 P.I. Gutte sent PW 3 Police Head Constable Sonkawade to bring the said person by pointing him out. Accordingly, PW 3 P.H.C. Sonkawade rushed towards him and caught the hand of the person and brought him to the police chowky with a suit case in his hand.

(3.) IT is further the case of prosecution that two separate samples of 25 gms. each quantity of ganja were separated from the plastic bag for sample purpose and were kept in separate plastic sachets and openings thereof were closed and the said two sachets were kept in a paper packets and both were sealed with lac seal and a slips of signatures of the panchas as well as PW 5 P.I. Gutte thereon were also affixed on each of the said two packets. Besides, the remaining quantity of ganja was put in a plastic bag and same was also sealed, and signatures of the panchas and PW 5 P.I. Gutte were put on the label affixed thereon, and same was kept in the suit case. Accordingly, a detailed panchanama was drawn and was signed by the panchas and copy thereof was delivered to the accused. Thereafter PW 5 P.I. Gutte took the accused and muddemal property to the Police Station, Udgir and he lodged a report in the Police Station and registered the crime under C.R. No. 5 of 1997 on 27.1.1997 at 1800 hours (Exh. 21). Moreover, PW 5 P.I. Gutte gave a report of the afore said search and seizure to his Superior Officer by sending wireless message. Moreover, station diary entry was made to the effect and PW 5 P.I. Gutte arrested the accused and recorded the statements of witnesses including that of PW 3 P.H.C. Sonkawade.