SUDHAKAR NARAYAN MANJREKAR Vs. STATE

JUDGEMENT

(1.) THE Appellant is convicted and sentenced to suffer Rigorous Imprisonment for two years and to pay fine of Rs. 5000/- in default to undergo Simple Imprisonment for one year for an offence punishable under Section20 (b) (i) and Rigorous Imprisonment for ten years and to pay fine of Rs. 1,00,000/- in default to undergo Simple Imprisonment for six months for an offence punishable under Section20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Special Judge, N. D. P. S. Court, Mapusa in Special Criminal Case No. 4/2000, by Judgment dated14th February, 2001. THE aforesaid conviction and sentence is assailed by the Appellant in the present Appeal before me.

(2.) THE facts necessary for the decision of the present Appeal are stated hereunder : - On 31st December, 1999, at about11. 00 a. m. , P.W.4, P. I. Mohan Karekar along with the staff of the Pernem Police Station had gone to Kiranpani for patrolling duty to see if any persons were indulging in committing the offences relating to drugs. Prior to going on patrolling duty P.W.4, P. I. Mohan Karekar, had sent one wireless message to his Official Superior, Sub-Divisional Officer, Mapusa, intimating that he was going to Kiranpani, Arambol for collecting intelligence to book a case under the Narcotic Drugs and Psychotropic Substances Act, 1985. THE said wireless message is at Exh. PW4/a. P.W.4, P. I. Mohan Karekar, had taken along with him two panchas namely P.W.3, Sandeep Kambli and one John Lobo. P.W.4, P. I. Mohan Karekar, had also taken along with him a weighing machine, seal of P. I. Pernem, and requisite material for sealing and packing. P.W.4, P. I. Mohan Karekar, in his evidence states that when they reached Kiranpani jetty, they saw the Appellant standing near a hotel with two bags in his hands. On seeing the Police Jeep, it appeared to P.W.4, P. I. Mohan Karekar, that the Appellant was going at the rear of the hotel in order to escape and, therefore, the Police party immediately surrounded him. P.W.4, P. I. Mohan Karekar disclosed his identity as P. I. attached to Pernem Police Station and told the Accused that he was suspected of carrying some drugs. P.W.4, P. I. Mohan Karekar, then told the Appellant that he was free to take search of the raiding party which he declined and the Appellant also declined the offer on being told that his search could be taken before a Gazetted Officer or a Magistrate, if he required. THE Appellant was thereafter asked to open a black colour bag. On opening the said black colour bag, five polythene packets were found in it. Four packets were containing Ganja and the fifth packet contained black colour pieces of a substance which was suspected to be Charas. THE Ganja in the four polythene packets was weighed and it was found to weigh 740 grams. THE black colour substance on being weighed was found to weigh 90 grams. From out of the 740 grams of Ganja, 60 grams was separated as a sample to be sent for analysis. Similarly, 10 grams of Charas from out of 90 grams was separated to be sent as a sample for analysis. THEse two sample packets containing 60 grams of Ganja and 10 grams of Charas were sealed and packed separately. THE outer cover was signed by the panchas, Accused and by P.W.4, P. I. Mohan Karekar and the outer seal was sealed with the seal of P. I. Pernem. A detailed panchanama of the events was drawn and the same is at Exh. PW3/a. THE search of the other bag disclosed on chillum (a clay pipe used for smoking) and some cards. THE contents of the other bag were also separately packed and sealed and signed by the Appellant, panchas and by P.W.4, P. I. Mohan Karekar. On taking personal search of the Appellant, Rs. 404/-, two ball pens, a Bristol cigarette packet and some pieces of paper were found. In the pant pocket, an amount of Rs. 218/- were found. All these were also attached. THE Appellant was asked whether he was having any documents regarding the possession of the drugs and since, he stated that he had no documents, he was told that possessing drugs was an offence and was taken into custody. THE Appellant had disclosed to P.W.4, P. I. Mohan Karekar, that he was in a habit of smoking Ganja because of his sickness. P.W.4, P. I. Mohan Karekar, has further deposed I deposited on the same day the property under Anti Narcotic Cell P. S. and samples were sent to the Crime Branch for onward transmission to the Director of Food and Drugs Adm. . Copy of the letter is at Exh. PW4/b. This letter is addressed to the Police Inspector Anti Narcotic Police Station, Malkhana, and signed by P.W.4, P. I. Mohan Karekar. THE letter further states that sample of 10 grams of Charas and 60 grams of Ganja were being sent to the Director of Food and Drugs Administration through the S. P. I. , C. I. D. , Panaji for analysis and the remaining muddemal of the drugs i. e. 680 grams of Ganja and 80 grams of Charas was being sent for keeping the same in safe custody in the Malkhana. THE Ganja consisting of 680 grams was in three big size envelopes weighing 190 grams, 240 grams and 250 grams respectively. THE 80 grams of Charas was packed in one medium size envelope which contained 80 grams of Charas. On Exh. PW4/b is an acknowledgement which is proved by P.W.6, Gurudas Naik, who had received the 680 grams of Ganja and 80 grams of Charas. This acknowledgement is signed by P.W.6, Gurudas Naik.

(3.) THE prosecution in support of its case had examined six witnesses. P. W.1, Mahesh Kaissare, Senior Scientific Officer in the Food and Drugs Administration, Panaji, who analysed the samples, P.W.2, Manohar D. Joshi, working as Scientific Assistant in Crime Branch, C. I. D. , who had received the samples for analysis and had forwarded the same as also he had received the report of the analysis. P.W.3, Sandeep Kambli, is the panch witness. P.W.4, P. I. Mohan Karekar, the raiding Officer. P.W.5, Arvind Gawas, Dy. S. P. who is the Superior Official of P.W.4, P. I. Mohan Karekar, to whom the wireless message at Exh. PW4/a and the intimation under Section57, Exh. PW4/d had been sent. P.W.6, Gurudas Naik, is the Head Constable attached to Anti Narcotic Cell Police Station who had received the sealed envelopes containing 80 grams of Charas and 680 grams of Ganja.