HANMANTRAO MASAJI BANDUKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of conviction and order of sentence dtd. 2/12/2002 passed by learned Adhoc Addl. Sessions Judge, Nanded, in Special Case (NDPS) No.8 of 2002. Vide the impugned judgment and order, the appellant has been convicted for the offence punishable under Sec. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1986 ("NDPS Act", for short) and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.50,000.00. In default of payment of fine, he was directed to undergo further rigorous imprisonment for one year.

(2.) It is the case of prosecution that on 22/8/2000 by 2:30 p.m., the appellant came to Nanded Railway Station in a passenger train. He had with him a suitcase and a bag. PW 5 - Eknath was Constable with the Railway Protection Force (RPF), Nanded Police Station. He was present on duty at the RPF police station. A railway employee came to him and informed that a person of a particular description (appellant) was present on the platform and the suitcase and the bag with him contained Ganja. He, therefore, went to the appellant and brought him to the RPF chowki along with a coolie to carry those bags. PW 5 - Eknath then informed the same to PW 1 - Bhimrao, another RPF constable on duty and left to inform his Officer, PW 6 - Shailesh Kumar. PW 6 - Shailesh Kumar, in turn, came to the RPF chowki.

(3.) The appellant was a Police Constable serving with Dharmabad Police Station, Nanded. PW 6 - Shailesh Kumar, therefore, approached Police Inspector (P.I.) - Shri Gaur, attached to Vazirabad Police Station. P.I. - Gaur came to R.P.F. chowki, at Nanded Railway Station. Then they approached the Superintendent of Police, Nanded. The Executive Magistrate, Nanded (PW 2 - Sanjay Sarwade) arrived in response to the requisition. In his presence, search of the person of the appellant and the bags with him was made. PW 3 - Tatyarao was present as a panch witness. During search, the suitcase and the bag were found to have contained Ganja of 15 kgs. each. Requisite quantity of Ganja was, therefore, obtained as sample for analysis. PW 6 - Shailesh Kumar lodged the FIR (Exh.28) with Purna Police Station. A crime vide C.R. No.6003 of 2000, came to be registered. It was investigated. The seized article was sent to Forensic Science Laboratory, Aurangabad, to find it to be Ganja (contraband) (C.A. report is at Exh.32). On completion of the investigation, the appellant was proceeded against by filing charge sheet.