RAJARAM TULSHIRAM MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the accused person being aggrieved by the order of conviction and sentence passed by the Special Judge, Omerga, in Special Case (NDPS) No. 03 of 2008, decided on 29.7.2009, whereby the appellant/accused was con victed of offence punishable under section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act") and sentenced to suffer rigorous im prisonment for five years and to pay fine of Rs. 10,000/-, in default, to undergo rigor ous imprisonment for six months.

(2.) Briefly stated it is case of the prosecu tion that P. W.1-P.I. Wadaje of Lohara Police Station got information on 20.8.2008 at about 1.00 p.m. that the accused/appellant, who was resident of village Kasti, Tal. Lohara, was illegally selling ganja at his residence. Accord ingly, he gave information to the Superin tendent of Police on telephone, made entry thereof in the station diary and thereafter called two persons as panch witnesses. Third person was called to act as punter and fourth person with weights and scales. After telling the information to those persons, Ameerlal Fakir agreed to act as punter. Hujur Shaikh had brought weights and scales. Bhagwan and Sarwade were panch witnesses. The P.I. prepared panchanama in which number of the currency note of Rs. 20/- denomination was mentioned and said currency note of Rs. 20/- was handed over to punter. Thereafter, along with said panch, the punter went to village Kasti. At some distance vehicle was stopped. Punter - Ameerlal Fakir (P. W.4) and Police Constable - Suryawanshi (P.W.3) went to the house of the accused. P.W.4 Ameerlal Fakir purchased two packets of ganja from the appellant and paid him Rs. 20/-. There after, signal was given to other members of raiding party. All went into the house of the appellant to arrest him. There was one steel cupboard and in that cupboard ganja was found kept in a bag. It was found to be 9.5 kg. Out of it 100 grains sample was taken. Said sample of 100 grams, so also the two packets, which were purchased by punter Ameerlal Fakir (P.W.4) were separately packed, labelled and sealed. Remaining quan tity of ganja was also, labelled and sealed. During search of the accused, currency note of Rs. 20/-, which was given to him by P.W.4-Ameerlal Fakir was found. In the custody of the appellant, his voter's identity card, ra tion card and two pipes were also found. All these articles were attached under a panchanama.

(3.) P.I. Wadaje, thereafter, lodged com plaint (Exh. 60). He produced the accused along with muddemal articles before P.S.O. Phule (P.W.5). P.S.I. Phule visited the spot of incident. He recorded statements of mate rial witnesses. The muddemal was sent to the Chemical Analyzer. After C.A. Report was received, the charge-sheet was sent against the appellant.