ALI HUSSAIN SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Additional Sessions Judge, Pune, dated 15th December, 1990 in Sessions Case No. 82 of 1990 whereby the present appellant was convicted under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "n. D. P. S. Act") and sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/- in default to suffer S. I. for one year.

(2.) IN the trial Court there were two accused, the present appellant as accused No. 1 and his wife Noorjaha Ali Sayyad as accused No. 2. Accused No. 2 was acquitted by the trial Court.

(3.) THE prosecution case was as follows :on 5-12-1989 Police Sub-Inspector Sadashiv Baburao Khot, while he was present in the Police Chowky at Rameshigate, received information at about 5. 30 a. m. that (i) Ali Hussain Sayyad (which is the name of the present appellant), (ii) Kasarm Hussain Sayyed and (iii) Bibi Khatubai Hussain Sayyad, were dealing in business of selling and purchasing of Narcotic Drugs. Accordingly he submitted his report (Ex. 15) regarding that information to his superior Inspector Jadhav. He went to the house of P. I. Jadhav for this purpose. P. I. Jadhav granted permission to PSI Khot to raid the house of Ali Hussain and others. Thereafter, he returned to Rameshigate Police Chowky. He then called two panchas and after complying with the necessary formalities the Police Staff along with the panchas left the Police Chowky at 6. 05 a. m. taking along with them a pair of scales, wax, envelope etc. On the way they stopped at Khadak Police Station where PSI Khot submitted a report (Ex. 16) in writing before Police Station Officer informing him of the proposed raid. They reached Colony No. 10 at about 6. 05 a. m. and assembled infront side of the house of the appellant. A lady (identified by PSI Khot an accused No. 2 ) ran away from that house. The appellant was present in the house. After complying with the necessary formalities and inquiring from the appellant whether he desired that his personal search he taken before the Magistrate or before a Gazetted Officer and after noting that the appellant declined it, the personal search of the appellant was taken in presence of the panchas whereupon 10 plastic bottles were found from the right side pocket of the appellant. These bottles were found to contain brown sugar which weighed 15 grams valued at Rs. 300/- Then the house of the appellant was searched and one tin box was found kept in the attic in which there were 240 small plastic bottles containing brown sugar which weighed 325 grams valued at Rs. 7,200/ -. One plastic bag was also found in the house containing brown sugar which weighed 252 grams valued at Rs. 25,200/ -. All these articles were sealed with the labels bearing signatures of the panchas and the signatures of the Police were also affixed and was seal wax also affixed. (These articles were produced before the Court and were given article numbers.) Then Panchanama (Ex. 12) was drawn, PSI Khot them filed the FIR (Ex. 15) against the appellant. He then submitted report (Ex. 18) to his superior. At the Police Station the offence was registered as C. R. NO. 188 of 1989. The sealed muddemal property was handed over to the property clerk and the P. S. O. affixed thereon the seal of that police Station. The contraband material was sent to the Chemical Analyser for analysis and the Chemical Analyser reported that the material was heroin.