SATNAMSINGH GURUDAYAL SINGH SODI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Challenge in the present appeal is to the conviction and sentence imposed upon the appellant (original accused), by way of judgment and order dated 27th December 2000, rendered by the learned Sessions Judge & Special Judge, Nanded, in Special Case (NDPS) No. 24/1998, thereby convicting the appellant for the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985, for the alleged unlawful possession of 685 gms. opium, and sentencing him to undergo rigorous imprisonment for term of 12 years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine, to suffer rigorous imprisonment for two years more.

(3.) The factual matrix of the prosecution case is, that Police Constable Sudhir Khodve (PW 1), B. No. 1807, who was attached to Vajirabad Police Station, Nanded, at the relevant time, received a secret information on 13th May 1998, that the accused, namely, Satnamsing Sodi, was dealing in sale of contraband article i.e. opium at his residential house which was situated at Sainagar, Naginaghat Road, at Nanded. Accordingly, he submitted written report to that effect to Home Deputy Superintendent of Police, Shri Kadam, briefly giving nature of the information received by him and requested to grant permission to carry out raid at the house of the accused. Accordingly, in pursuance of the said report, Home Dy.S.P., Shri Kadam, directed Probationer Dy.S.P. Shri Sanjay Bannerjee (PW 2) to attend the raid and to accompany with the Police party for the search and seizure, as well as, he directed Police Constable Surjeetsingh to attend and participate in the raid. Accordingly, Probationer Dy.S.P. Shri Sanjay Bannerjee (PW 2), along with Police Constable Sudhir Khodve (PW 1) and Police Constable Surjeetsingh arrived at Vajirabad Police Station and handed over the letter of permission issued by Home Dy.S.P. Shri Kadam, to Police Station Officer and requested him to give more staff and also asked him to call Panch. Accordingly, two Panchas were called and they were informed about purpose of the raid.