CHANDRAKANT KHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment and order dated 6-7-1998 delivered by the Special Judge, Greater Bombay in N. D. P. S. Special Case No. 34 of 1998 convicting and sentencing the appellant under the provisions of the N. D. P. S. Act.

(2.) BRIEFLY stated, the prosecution case is as follows : P. W. 1 Abdul Shaikh, the Intelligence Officer, NCB received information on 27-10-1997 that one person staying in Room No. 110 of Garib Nawaz guest House, Palla Galli, Dongri was possessing 3. 5 kgs. of heroin and that the said contraband was likely to be removed for delivering it to the customers. On received the intelligence the same was reduced to writing which is produced on record at Exh. 10 and the Superior Officer Superintendent of ncb P. W. 2 Mathew as informed about it and the raid was arranged by calling two panchas. When the raiding party went to the said room appellant was found in the said room. He was told about the information received by the raiding party and. that they wanted to take search. The appellant was apprised of his right under section 50 of the Act which he declined. On search of the room one red coloured bag was found below the double-bed. Inside the bag there were four polythene packets containing brown coloured powder. When tested on field testing kit, it answered positively for heroin. All the four packets were emptied in one big polythene bag which weighed 3. 5 kgs. Three samples of 5 gms. , each were drawn separately in small polythene puches and were closed and sealed giving marks as "c-l", "c-2" and "c-3". The seal of NCB Office was put thereon. The remaining quantity was also kept in one big polythene bag and sealed. Panchanama of seizure was drawn. Summons was issued to the accused under the provisions N. D. P. S. Act. The accused gave his statements which are produced on record at Exhs. 14 and 19. In the said statements he admitted the possession of the contraband. Further formalities were completed during the cour'se of investigation including sending of report under section 57 of the N. D. P. S. Act. Three samples were sent to three different laboratories and their reports were obtained. After completion of the investigation charge-sheet came to be filed in the Court of Special Judge.

(3.) THE Special Judge framed charges against the appellant for possession as well as for conspiracy under section 29 read with sections 8 (c) and 21 of the N. D. P. S. Act and under section 21 read with section 8 (c) of the n. D. P. S. Act to which appellant pleaded not guilty. On behalf of the prosecution five witnesses were examined. P. W. 1 is Abdul Shaikh, the Intelligence officer who had received information and had made search, seizure and arrest and investigated the case and filed charge-sheet. P. W. 2 is chethirakunnil Mathew, who was the Superintendent of NCB, Bombay, P. W. 3 is panch Abubakar Siddiqui. P. W. 4 is another Intelligence Officer Jitendra dubey who had taken the sample to the office of Dy. C. C. P. W. 5 is swaminathan Chatiyar, the Manager of the Garib Nawaz Guest House who gave evidence about the stay of the appellant in the said guest house. The defence of the accused was of denial.