BABASAHEB RAMCHANDRA SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant accused who has been convicted of the offence punishable under Section 21 read with Section 8 (c) of the Narcotic drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the act') and sentenced to R. I. for 10 years and a fine of Rs 1,00,000, in default further R. I. for six months has preferred this appeal.

(2.) BRIEFLY stated facts giving rise to the present appeal are as under : -P. S. I. Mali (PW 5) who was attached to the Police Station at Sangli city received information on 21-2-1990 while he was in the police station at about 10. 00 a. m. that the accused was selling brown sugar near old railway station Sangli. He sent for two Panchas, babasaheb Wipat (PW 1) and Namdev Lavate, an a gold-smith by name Ashpk Ajgaonkar (PW 2 ). He also took the entry of the said information in the station diary Exhibit 21. He told about the purpose of the raid to the said Panch witnesses and the gold-smith- and the raiding party started from the police station for the raid. When they reached the spot, the accused was found standing on the Katta of the railway station, PSI then told the accused the purpose of their raid and that they wanted to search him. He is also alleged to have told the Appellant-accused if he wanted to have the search before the Magistrate The Appellant-accused is alleged to have denied to have the search in the presence of a magistrate The prosecution also claims that PSI Mali then offered the accused that he may take search of the raiding party if he desired 10 do so. But the accused refused to take the search. Thereafter the search of the accused was taken by PSI Mali and he found in the pocket of the pant of the accused a plastic cover containing some powder which was suspected to be heroin. It is also the prosecution case that in the search of the accused a silver foil, one match-box, one hollow blow pipe made out of cigarette packet haying white paper on its upper side wrapped by thread and both points of which had become blackish and smoky and were strongly smelling and one currency note of Rs. 10 were also found from the possession of the accused and all these articles were seized from the Appellant-accused by the police and a panchanama of the said search and seizure which is at Exhibit 10 was prepared. At the time of the said raid the powder which was found was got weighed with the help of the gold-smith ashok Ajgaonkar (PW 2) who also had accompanied the raiding party. It was found that the weight of the powder was 1 gram and 750 miligrams. The said powder, which according to the psi was heroin was sealed in a packet and a label of the signature of both the witnesses was affixed on that packet. The other articles were also put in another packet and were sealed. The acsused then was taken to the police station along with the seized property. PSI Mali then gave his complaint Exhibit 22 in the police station and on the strength of it an offence under Crime No 26 of 1990 came to be registered. The property which was seized was deposited with Head Constable Shinde (PW 3) and was also noted in the Muddemal Register of the police station. Thereafter a memo for sending the property which was seized and sealed for being sent to the Chemical Analyser Pune, was prepared. Police constable Mane (PW 4) was handed over the said property in the sealed condition on 21-2-1990 itself and he reached the same to the Chemical Analyser, Pune, on 22-2-1990. Police constable mane produced the acknowledgment of the Chemical Analyser, pune with the police station on his return. PSI Mali on 14-5-1990 received the report of the Chemical Analyser which showed that the sample contained heroin (Diacotylmorphine) along with other opium alkaloids and that the said material fell under Section 2 (xvi) (e) of the said Act. On completion of the investigation psi Mali prepared a charge-sheet and submitted the same to the court of Sessions.

(3.) THE defence of the accused at the trial was of total denial- According to him a false case has been filed against him.