CHAND KHAN GANI KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is convicted by the learned Special Judge, Nanded, in N. D. P. S. Case No. 3 of 1990 of offence punishable under section 18 of the N. D. P. S. Act and sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 1 lakh in default of payment of fine to suffer further R. I. for 2 years. Being aggrieved by this order of conviction and sentence, the present appeal is filed.

(2.) THE case of the prosecution is as follows. P. S. I. Shaikh attached to Vazirabad Police Station, Nanded was on patrolling duty on night between 21 and 22nd December, 1989. He received information that in Apsara lodge in Room No. 29, one lodger with his family was halting and he was having opium without licence. So, he reached the lodge in the company of two panchas and other Constables at about 3. 30 a. m. In the room, nothing was found, but in the attached bathroom of the room, in a cloth bag, there was opium. Sample of the opium was taken. Panchanama was prepared. The opium found was 3 Kgs. 150g. That opium was in five polythene bags. Both the accused and his wife were taken to the Police Station and there the P. S. I. lodged the F. I. R. only against the present appellant. The seized material was handed over to the Police Station Officer. The P. S. I. himself carried out further investigation. Sample was sent to C. A. and the C. A. reported that the sample contained opium. So, the charge-sheet was submitted in the Special Court at Nanded. The learned Special Judge framed charge against the accused for offence under section 18 of the N. D. P. S. Act. The accused pleaded not guilty. His defence was that he was not in the room.

(3.) THE learned Special Judge on recording the evidence of the prosecution witnesses, and after recording the statement of the accused, came to the conclusion that the prosecution has proved the offence under section 18 of the N. D. P. S. Act against the accused and, therefore, he convicted and sentenced him as stated above.