YUSUF KAMRUDDIN MOMIN Vs. U R KULKARNI

JUDGEMENT

(1.) THE appellant convicted and sentenced under the provisions of N. D. P. S. Act has preferred this appeal challenging the order of conviction and sentence recorded against him by the Special Court, under N. D. P. S. Act, Pune in N. D. P. S. Sessions Case No. 29 of 1993 by judgment and order dated 4-1-1999.

(2.) BRIEFLY, the prosecution case is as follows : on the basis of prior information the officers of Central Excise and Customs, Prevention Branch had searched the house of the appellant on 11-10-1987 under a search warrant. During the course of the search 430 gms. of Ganja was found kept in one german pot in his house along with empty packets of brown colour. Thereafter personal search of the appellant was taken and from the pocket of his trouser 230 gms. of Opium was recovered. The raiding party had with them the panchas. The sample packets of 5 gms. each were prepared from both the contraband. The contraband was seized under seizure panchanama Exh. 17. The accused was brought to the Police Station along with muddemal and he was arrested. The sample packets were sent to the office of C. A. As per C. A. Report Exh. 30 samples contained ganja and opium. After investigation was complete, complaint was filed and process was issued under sections 18 and 20 (b) (i) of the N. D. P. S. Act. Charges were framed against the appellant for offences under sections 18 and 20 (b) (i) of the N. D. P. S. Act as well as under sections 66 and 66-A of the Bombay Prohibition Act. The accused pleaded not guilty. His defence was of total denial and false implication.

(3.) ON behalf of the prosecution four witnesses were examined. P. W. 1 is Ghanasham Mahamuni who acted as panch to the search and seizure. P. W. 2 is Gulab Sabale, the then Inspector in Central Excise, Preventive Branch, Pune, who was the member of the raiding party for search and seizure of the contraband. P. W. 3 is Ramdas Deshmukh, who was at that time Inspector of Customs and Central Excise, Pune and was incharge of godown P. W. 4 is Chitaranjan Pol who was attached to Preventive Branch, Pune at that time and had recorded the statement of the appellant on dictation of P. W. 2 Gulab Sabale.