ASHWINIKUMAR SARVANSINGH CHAUHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals are filed by two accused separately against the judgment and order dated 4-2-1997 delivered by the Special Judge under N. D. P. S. Act, Pune convicting both of them under section 20 (b) read with section 29 of the N. D. P. S. Act and sentencing each of them to R. I. for ten years and to pay a fine of Rs. 1,00,000/- in default R. I. for one year in Sessions Case No. 6 of 1996 arising out of common prosecution against them. Since both the appeals arise against the judgment in common prosecution they were heard together and are being disposed of by this common judgment.

(2.) BRIEFLY the prosecution case is as follows : p. S. I. Langhe attached to the Crime Branch, Pune received information on 5-1-1996 around 10. 30 a. m. through an informer that one person wearing particular clothes with fair complexion was to deliver large quantity of charas at that time to accused No. 2 Babu Panwala, the owner of a pan stall situated near the compound wall of Jayprakash Garden in front of Green Hotel, Pune which is near Pune Railway Station. The said information was reduced to writing on a piece of paper through his writer and signed by the officer. It is produced at Exh. 28. He also gave report in writing to his superior officer Inspector Jadhav which is produced at Exh. 29 bearing endorsement and signature of P. I. Jadhav to proceed to take action in accordance with law and report back to him. The said information was also entered into the information book called "khabri Pustak". The entry in the said book made at Sr. No. 19 is produced at Exh. 30. He received the permission of P. I. Jadhav. Before that P. S. I. Langhe directed the Head Constable Bhilare (P. W. 3) to call two panchas. When the panchas arrived they were informed about the purpose of calling them. Thereafter raiding party along with the panchas left the Bund Garden Police Station and went to the place as per the information after making entry in the Station Diary at Sr. No. 15 which is produced at Exh. 32. The police stopped near the statue of Mahatma Gandhi situated near Pune Railway Station. After some time the person with the description given by the informer came to the place and went to the Pan stall. He took out a packet from his carry bag and handed over to the person sitting in the Pan stall. The raiding party went to Pan shop and apprehended the persons. The offer under section 50 of N. D. P. S. Act was made by the P. S. I. to both the accused informing them their right to be searched in the presence of either Gazetted Officer or Judicial Magistrate. Both the accused persons declined the offer. On their search a packet containing 810 grams of charas was recovered from accused No. 1 while a packet weighing 1 Kg. of charas was recovered from accused No. 2. When the contents of those packets were tested by using some chemical, it was confirmed that the substance found with both the accused was charas. 20 grams of sample packets were prepared out of both the packets and were kept in different polythene pouches. Panchanama of seizure was prepared which is at Exh. 22. Both the accused were given copies of the seizure panchanama and their signatures and thumb impressions were obtained in token thereof on Exh. 22. Accused were arrested and were taken to the Bund Garden Police Station along with the muddemal and sample packets. F. I. R. was lodged by P. W. 4 which is at Exh. 33. The C. R. was registered. Report was prepared which is at Exh. 34. Entry was made about filing of the complaint in the station diary at Sr. No. 27 which is at Exh. 35.

(3.) THE sample packets were sent to the office of the C. A. C. A. Report is at Exh. 37 according to which the contents of the sample packets were charas. After the investigation was over charge-sheet was filed and both the accused were tried before the Special Judge, Pune.