(1.) THESE three criminal appeals arise out of convictions and sentences awarded by the learned Additional Sessions Judge, Sangli on 3rd September, 1987 in Sessions Case No. 60 of 1986. Appellant in Criminal Appeal No. 3 of 1988 was accused No. 1, appellant in Criminal Appeal No. 4 of 1988 was accused No. 2 and the appellant in Criminal Appeal No. 777 of 1987 was accused No. 3 in all the said trial. Accused Nos. 1 and 2 were convicted of offences punishable under section 8 read with section 20 and under section 29g of the Narcotic Drugs and Psychotropic Substances Act, 1985. On each count they were sentenced separately sentenced separately to suffer R. I. for ten years and to pay a fine of Rs. 1,00,000/- each, in default to suffer further R. I. for two years. Accused No. 3 was convicted of offences punishable under section 8 read with section 20 and section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and he was also sentenced separately to suffer R. I. for ten years and to pay a fine of Rs. 1,00,000/-, in default to suffer R. I. for two years on each count. The learned Additional Sessions Judge had directed that the substantive sentences awarded to the aforesaid accused persons should run concurrently.
(2.) THE prosecution case was as follows : p. W. 4 Yadav was the Superintendent of Central Excise and Customs at Kolhapur invested with the necessary power under the Narcotics Drugs and Psychotropic Substances Act to detect and investigate into the offences under the Act and to prosecute the culprits appropriately. The district of Sangli was within his jurisdiction. On 13th February, 1986 he had received an information that accused No. 3 Mainuddin was habitually possessing, storing and selling narcotic drugs at his residential house and a godown in the building known as ``shams Manzil in Mali Lane at Miraj. This information was received at or about 9. 00 a. m. or 9. 30 a. m at Kolhapur and immediately thereafter he proceeded with some office subordinates to Miraj in a Government vehicle. After reaching Miraj, he collected two panchas P. W. 1 Vyankatesh Kulkarni and one Shamrao Ganesh Shinkar and proceeded, at about 12 noon, to Mali Lane. When they reached near the ``shams Manzil they found accused No. 3 standing in front of a closed door which was chained and locked Superintendent Yadav, therefore, asked accused No. 3 to whom the room belonged and when he had received the answer in the affirmative, he had disclosed his identity as the customs officer and had declared his intention to take a search of that room. When accused No. 3 was requested to open the lock of the door of the room and when he (accused No. 3) had expressed his inability to do so, Superintendent Yadav gave some jerks to the lock and managed to get the door opened. After offering accused No. 3 a personal search of the panchas, he entered the room to find therein accused No. 2 Mehboob sitting on the floor in the midst of loose Ganja, wrapped paper packets containing Ganja, a weighing scale, some weights and measures etc. The Ganja found there weighed about 22kgs. The articles were then seized and attached and were properly sealed under a panchnama (Exhibit 18 ). According to the prosecution , accused No. 3 Mainuddin was then questioned about the whereabouts of his residence. It is alleged that accused No. 3 led them to his residence. After adopting the aforesaid procedure, a search of the said house is alleged to have been taken. A kettle containing some loose Charas pieces, loose Ganja and loose Madat (Opium) were found in the kettle alongwith two scales and some weights. Those articles were seized under a separate panchanama (Exhibit 19 ). According to the prosecution, accused No. 2 disclosed tot he members of the raiding party that he was in the employment of accused No. 3 for making small packets of Ganja. The raiding party then came out of the house and found accused No. 1 Narayansingh standing on the road at a short distance of about 10 feet from the residence of accused No. 3 Mainuddin. On suspicion, it is alleged, his personal search was taken and in one nylon satchel, which was in his hand, the raiding party had found 33 small packets and 5 big paper packets, all containing Ganja. The currency of Rs. 135/- was allegedly found on the person of accused No. 1 Narayansingh and a cash to the tune of Rs. 751/- was said to have been found on the person of accused No. 2 Mehboob. The said articles also were seized after adopting the usual procedure and panchanama (Exhibit 20) was drawn. After completing the raid as aforesaid, the party left Miraj at about 7. 30 p. m. alongwith accused No. 1 Narayansingh and accused No. 2 Mehboob, for going to Kolhapur. After reaching Kolhapur, P. W. 4 Superintendent Yadav had interrogated accused No. 1 Narayansingh and had recorded his statement, duly signed by accused No. 1 Narayansingh, vide Exhibit 30. On the next day, that is 14th February 1986, similar statement of accused No. 2 Mehboob also was recorded. Only accused Nos. 1 and 2 were arrested at about 4. 45 p. m. on 14th February, 1986. According to the prosecution, accused No. 3 Mainuddin was found on 6th March, 1986 and thereafter his statement Exhibit 32 also was recorded. Accused No. 3 also is said to have signed that statement. In the aforesaid three statements, the three accused persons are said to have admitted their guilt.
(3.) THE samples of the Muddemal narcotic drugs were not taken at the time of the seizure. Therefore, on 21st July, 1986 they were collected in presence of two panchas, witness mate and one Mane. Three panchnamas Exhibits 24, 25, and 26 were then drawn to collect the samples of the articles seized under three different panchnamas Exhibits 18,19, and 20. The articles were then sent to the chemical analyser for analysis. The report of the chemical analyser (Exhibit 34) was received in course of time reporting that Ganja, Charas and Opium were detected in the said samples. After completing the investigation, a charge-sheet was submitted to Judicial Magistrate, First Class, Miraj for an offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act.