PREMSINGH DHONDU CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal against the judgment and order passed by the Sessions Judge, Amravati on 14.12.2009 in Special (NDPS) Case No. 5/ 2007. The appellant has been convicted for the offence punishable under section 20(b)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act"). The appellant was allegedly found in possession of ganja weighing 4.5 kilograms. The case of the prosecution is that Police Head Constable B.No. 1062 of Local Crime Branch, Amravati and other three policemen were on patrolling duty in Kawadgavan area. The appellant was intercepted at Kawadgavan road around 08.00 p.m. on 2.3.2007 and he was found in possession of 4.5 kilograms of ganja. The intimation was therefore, given to Police Inspector Mr. K. V. Kale who was attached to Local Crime Branch in the year 2007-2008. He immediately rushed to the spot and found that the appellant was detained by the Police Officials of Local Crime Branch. The intimation of interception of the appellant and the possession of ganja by the appellant was given to the Police Inspector Mr. Hafiz Shaikh who was attached to Tiosa Police Station. The place where the appellant was intercepted lies within the jurisdiction of Tiosa Police Station. Police Inspector Mr. Hafiz Shaikh immediately rushed to the spot and apprehended the appellant and panchnama was drawn on the spot, ganja was seized. Sample of 300 grams of ganja was collected from the spot. The said sample was forwarded to the C.A. through Police Naik Ajabrao Gulade. The duty pass was given to Police Naik Ajabrao at 00.30 hrs, on 3.3.2007 for depositing Ganja at Forensic Science Laboratory, Nagpur. It is the case of the prosecution that ganja was deposited in the office of Forensic Science Laboratory, Nagpur at 10.30 a.m. on 3.3.2007.

(2.) On the same day i.e. on 3.3.2007 the Police Inspector Mr. Hafiz Shaikh moved the learned Judicial Magistrate First Class, Chandur Railway within whose jurisdiction the appellant was apprehended and inventory of seized article was prepared by Police Inspector Mr. Hafiz Shaikh. The Judicial Magistrate was requested to certify correctness of the inventory as provided in section 52-A(2) of the N.D.P.S. Act. The learned Magistrate issued a certificate at about 3.30 p.m. on 3.3.2007 certifying that the ganja packets produced before him contained 4.5 kilograms of ganja. It was further certified by the learned Magistrate that a sample weighing 300 grams of ganja was collected from the packets produced by Police Inspector Mr. Hafiz Shaikh. The Chemical Analyzer report was received from the Forensic Science Laboratory. The Chemical Analyzer has reported that the sample received by him was ganja and the sample certified by him falls under section 2(iii) b of the N.D.P.S Act, After completion of investigation charge-sheet was submitted in the Court of Sessions Judge.

(3.) The learned Sessions Judge had framed a charge against the appellant for the offence punishable under section 20(b)(B) of the N.D.P.S. Act vide Exh. 28. The appellant had pleaded not guilty and had claimed to be tried. The defence of the appellant was that he was involved in a false case by the police.