RASHIDI ALLY CHIGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SHRI Tiwari, for the appellants. Shri Shringapure, A. P. P. , for the prosecution. Both of them have been heard at length in context with evidence on record at the time of final hearing in deciding this appeal, whereby the appellants are assailing correctness, propriety and legality of the judgment, order of conviction and sentence embodied in the judgment passed by the Special Judge for Greater Bombay in N. D. P. S. Case No. 88 of 1995.

(2.) FEW facts need to be mentioned for unfolding the prosecution case and the allegations which were made against the appellants which initiated the trial. On 18-3-1995 at about 11 p. m. P. W. 2 V. N. Godbole was doing his duty at Sahar Airport and at that time Pakistan Airline Staff members pointed out one passenger, who was to board flight P. K.-277 for Karachi and was to fly at 11. 50 p. m. At that time Godboles Superior Officers, A. C. P. Bodhawade and Senior P. I. Gaikwad who were Gazetted Officers were with him. The person who was pointed out by the Pakistan Airlines Staff members was, as per prosecution case, appellant No. 1. P. W. Godbole and those Police Officers apprehended appellant No. 1 by coming to hold No. 6. He was detained there. P. W. Godbole and those Police Officers decided to take his search and therefore, two panch witnesses were called. P. W. Godbole introduced himself, A. C. P. Shri Bodhawade, Senior P. I. Shri Gaikwad as Gazetted Officers to appellant No. 1 and Godbole asked about his personal search before panchas and such Gazetted Officers. At the same time appellant No. 1 was also informed, whether he wished to have a search to be taken before a Magistrate. The appellant No. 1 did not insist for his search before a Magistrate but agreed for his search before said two Police Officers. His person was searched. He was asked whether any other person was accompanying him in the journey and at that time appellant No. 1 disclosed about appellant No. 2, who had already boarded the flight. He was asked to board out from the flight and was detained in hold No. 6.

(3.) THE appellant No. 1 was wearing jeans pant which was thoroughly examined by P. W. Godbole and he found that around the waist lining under the belt of the said jeans pant there was concealed and packet stitched with both the sides of frontal portion. The said lining was got opened and from it two packets containing brown coloured powder were found. The said powder was packed in two polythene packets and it was surrounded by brown tape for sealing. Both polythene bags were opened and the powder was tested by test kit. It answered positively and P. W. Godbole was satisfied that it was a narcotic drug.