BASAVRAJ ALIAS BABLU YALLAPPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant convicted under section 21 of the N. D. P. S. Act and sentenced to R. I. for 10 years and to pay a fine of Rs. 1 lac in default to suffer R. I. for two years has filed this appeal challenging the order of conviction and sentence recorded against him by the Special Court, Pune under the N. D. P. S. Act by the judgment and order dated 15-7-1998 in N. D. P. S. Sessions Case No. 10 of 1996.

(2.) BRIEFLY stated the prosecution case is as follows:---On 27-12-1995 A. P. I. Konde, attached to Vigilance Department at Pune, received information at about 2. 15 p. m. that a person by name Basavraj alias Bablu Yellappa Pujari was selling gard powder in Laxminagar, Yeravada. After receiving information he made entry in the information register, scribed it on one paper and placed it before the Superior Officer and obtained permission to conduct raid. Two panchas were called and they were apprised of the information. The police party, which included A. P. I. Konde (P. W. 3), P. I. Jadhav and panchas, had gone to the said place carrying with them kit box and chemical box required for the purpose of raid in a jeep. The raiding party got down from the jeep on the back side of Parnakuti Police Chowky in Laxminagar and walked down up to the spot mentioned in the information. They saw accused standing near public latrine who conformed to the description given in the information. The raiding party approached him and the identity of the raiding party was disclosed and he was told about the information. He was asked whether he wanted his search to be taken in the presence of a Gazetted Officer or a Magistrate to which he declined. In the personal search of the accused 8 pudies of gard powder in the pocket of his shirt were found. One plastic bag containing gard powder was also found in his pant pocket. The 8 pudies recovered from the shirt pocket were collected in one plastic bag. When the powder from both the bags were tested by using chemical, the powder answered positive for gard powder. Both the plastic bags were sealed with lac seal and thereafter they were put in separate envelopes which were closed and thereafter pasted with slip bearing signatures of panchas and Police Officer. The panchanama of seizure was drawn, a copy whereof was given to the accused by obtaining his signature on the same. The seizure panchanama is produced at Exhibit 17. The report about the seizure was prepared by P. W. 3 and thereafter the raiding party came back to the Yeravada Police Station along with accused and the seized property. The report was given to P. S. O. for registration of the offence and the property was deposited with the Muddemal Clerk of the Police Station. Crime was registered under C. R. No. 921 of 1995 for offence under N. D. P. S. Act. The statements of the Head Constable Gaikwad and Police Naik Relekar were recorded. The muddemal property was sent to C. A. along with Head Constable Gaikwad with a forwarding letter dated 28-12-1995 Exhibit 10. The C. A. report is at Exhibit 22, according to which the muddemal samples were found to be of gard powder. After the investigation was over, charge-sheet was filed and the case was committed to the Sessions Court before the Special Judge.

(3.) BEFORE the Special Judge charge was framed against the accused under section 21 of the N. D. P. S. Act on 21-11-1996. As the accused pleaded not guilty the prosecution had examined four witnesses. P. W. 1 is Namdeo Mane who was Muddemal Clerk attached to Yeravada Police Station. P. W. 2 is Dada Gaikwad, Police Head Constable who carried the sample packets to the office of C. A. P. W. 3 is Duryodhan Konde, A. P. I. attached to Vigilance Department, who received the information and investigated the case. Lastly the prosecution had examined panch to the seizure, Raje Swami as P. W. 4. The defence of the accused was of total denial and false implication. He has filed short written statement stating that on 27-12-1995 at about 7 p. m. when he came back home from his work he was taken to the Police Station in an auto-rickshaw by two Police Officers and he was involved in a false case. After considering the evidence on record, the Special Court convicted the accused and sentenced him under the provisions of the N. D. P. S. Act as stated above. The said order of conviction and sentence is impugned in this appeal.