VIJAY BABULAL PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the conviction and sentence recorded against the appellant for the commission of an offence punishable under section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act ).

(2.) P. W. 1 P. S. I. Kadam was attached to the Narcotic Cell which is a special cell forming part of the Vigilance Branch at Pune. Kadam on 19-3-1988 between 13. 30 to 13. 40 hrs. received an information that one person known as Vijay Patel was engaged in the sale of narcotic drugs at a certain spot in Narayan Peth in Pune. The area fell within the jurisdiction of Vishrambaug Police Station and therefore, Kadam informed the said police station of the intelligenece received by him. Panchas were sent for and they included P. W. 2 Chandrakant Aher. Kadam in company with the panchas and his subordinates went to the spot indicated. The appellant was found at the spot indicated and was told of Kadam desiring to take a search of his person. Appellant was invited to take a search of the persons of Kadam and his companions. Appellant declined. In the search of his person, the appellant was found in possession of a paper wrapped packet. The same was brought out and found to contain a plastic packet. This plastic packet was opened and found to contain brown sugar which in the vernacular is known as "gard". The article was weighed with a pair of scales and the weight was found to be 4 gms. The attachment etc. was recorded in the panchanama at Ex. 7. The First Information Report is at Ex. 8. The contraband was sent to the Regional Forensic Science Laboratory and was examined. The positive certificate at Ex. 15 shows that heroin was detected in the sample. In due course, appellant was charge-sheeted.

(3.) APPELLANT came out with a series of denials culminating in an assertion that he had been falsely implicated because of a long-standing animosity between him and the police.