SOOBHIR VISHAL KALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is being heard today urgently because on request made by miss Yadav. Hon'ble Shri Justice G. D. Patil has directed expeditious hearing of this appeal as the appellant has been certified by Tata Hospital, mumbai, to be suffering from acute blood cancer and as submitted by Miss yadav counting last days in Sassoon Hospital as terminal case.

(2.) THE appellant is hereby assailing correctness, propriety and legality of the judgment and order of conviction and sentence passed by Special judge for Greater Mumbai in N. D. P. S. Special Case No. 145 of 2000 wherein the learned Trial Judge has convicted him for the offences punishable under section 8 (c) read with 21 of the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as the N. D. P. S. Act for convenience ).

(3.) PROSECUTION case in brief is that on 2. 8. 2000 at about 6. 35 a. m. when sub-Inspector Mehboob was on duty at Sahar Airport Security section, B-3 Hold, he suspected the activities of the appellant named Subhir @ Vishal vijay Kali. It so happened that his metal detector sounded an alarm on account of the metal which was affixed on the shoes of the appellant. The appellant was stopped and when he was interrogated it was revealed that the appellant was possessing brown sugar in the said metal portion which was affixed to hts shoes. Sub-Inspector Sayyed informed about that to P. S. I. Mohite who informed the Sahar Police Station at 6. 40 a. m. Thereafter Shri mohite and P. I. Bagawe came to airport. Panchas were collected and as per the prosecution case the appellant was given an option as indicated by provisions of section 50 of the N. D. P. S. Act. In the presence of panch witnesses the said metal portion was removed from his shoes. Both the boots were found having 5 polythene packets each containing brown sugar which was totally weighing 1220 gms. It was collected in sample packets in presence of panch witnesses and each sample packet was wrapped up in brown paper and plastic bag. Thereafter it was sealed. The entire narcotic drug was so seized by drawing the panchanama in presence of panch witnesses. Those sample packets, the accused were sent to Sahar Airport and in Sahar Police Station those sample packets were kept in the custody of the concerned officer. On 3. 8. 2000, five samples were sent to F. S. L. Kalina, which after chemical examination found to be containing Diacetyl morphine. The investigation progressed and ended in a trial which resulted in the order of conviction and sentence which has been assailed by this appeal.