GAJANAN SHANKAR DEVELKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) -BY this appeal, the original accused seeks to challenge the order of conviction and sentence dated 4th August, 1989 passed by the learned Sessions Judge, Ratnagiri, in Sessions Case No. 52 of 1988. By this impugned order the accused was convicted under section 8 (c) read with Section 20 of the Narcotics Drugs and Psychotropic substances Act, 1985.

(2.) THE accused was charged under Section 8 (c)read with Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 for having been found in possession of Ganja on 8th January, 1987 at about 1. 30 p. m. at Bramhanwadi in village Shirgaon, Taluka Chiplun. According to the prosecution the accused was liable for punishment under the aforesaid provisions.

(3.) IT was the case of the prosecution in short that Dattajirao appajirap Dalvi (PW 3) attached to the Alore Police Station, on receiving information that the accused was possessing and dealing with Ganja proceeded to Bramhanwadi, Shirgaon, in the company of Panchas for the purpose of raid. While they were proceeding towards the house of the accused, the accused saw the raiding party and immediately started running away after picking up Polythene bag from the hay-stack which was outside of his house. He was chased and apprehended. On his search, ganja weighing 2 kg. and 500 gms. was seized from the polythene bag which was on his person. 10 gm. ganja was separated for the purpose of analysis and was sealed. The remaining Ganja was separately sealed. The accused was arrested on the spot. A Panchanama, Exh. 7, was prepared and the offence was registered against the accused. The report of the Chemical Analyser, Exhibit-12, dated 27th February, 1987 showed that the seized article was Ganja. After completing the investigation, the accused was chargesheeted for the aforesaid offence.