RAJU GIRDHARILAL SHRIVASTAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Sahil Bhangde, learned advocate for the appellant and Mr. Mandpe, APP for the respondent-State. The appellant was tried for possession of 12 grams and 500 milligrams of Gard (Diacetyl Morphine) along with cash of Rs. 250/- under section21 of the Narcotic Drugs and Psychotropic Substances Act (for short the "n. D. P. S. Act" ). The prosecution case, in brief is that on prior information which was reduced into writing vide Exhibit 12, the Police Party along with Panchas went towards the house of the appellant at Lakadganj and when apprehended him in his house, recovered from his personal search 12 grams and 500 milligrams of Gard as also cash of Rs. 250/ -. After the said recovery and seizure of the contraband article the sample taken was forwarded to the Chemical Analyser who reported that Gard (Diacetyl Morphine) is detected in the sample.

(2.) THE prosecution examined in all six witnesses in support of the charge. THE learned Special Judge accepted the prosecution evidence relating to recovery of Gard from the person of the appellant and held him guilty under section21 of the N. D. P. S. Act. On conviction the appellant was sentenced to undergo R. I. for 7 years and to pay fine of Rs. 50,000/-, in default to suffer further R. I. for 6 months. Period of detention undergone during the investigation and trial was set off in terms of section428 Criminal Procedure Code. THE appellant challenges the conviction and sentences imposed by filing this appeal.

(3.) THE appellant was then informed about the commission of the offence and the grounds of arrest and that he was then arrested and was given in the custody of Police Staff. THE complainant then prepared the seizure memo vide Exhibit 15 under his signature, and signatures of the panchas were taken. THE panchnama was started at945 hours and it was completed at1145 hours. Seizure panchanama was prepared in triplicate and one copy of the panchanama was given to the appellant who gave his signature below the original acknowledging the receipt of the copy of the panchnama.