MOHD HUSSAIN BABAMIYAN RAMZAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals are filed by the original accused Nos. 1 and 2 against their conviction of the offence punishable under S. 21 read with 8 (c) and the sentence of rigorous imprisonment for ten years and a fine of Rs. 1,00,000/- each, in default further rigorous imprisonment for six months each.

(2.) BRIEFLY stated, facts giving rise to the present appeals are as under : constable Bhosale (P. W. 1), S. I. Singh (P. W. 3) and P. I. Ghuge (P. W. 4), at the relevant time, were attached to the M. I. D. C. Unit at Andheri of Narcotic Cell of C. B. , C. I. D. Prosecution alleged that on 31-7-1990, while constable Bhosale (P. W. 1), was present in the Unit office at about 10. 30 a. m. he received information from an informant that one person was doing business of brown-sugar in a rickshaw at the eastern side of the B. E. S. T. Bus Depot, Bandra (West), bombay. He immediately conveyed the said information to S. I. Singh (P. W. 3), who, in turn, conveyed the said information to P. I. Ghuge (P. W. 4 ). S. I. Singh reduced the said information to writing. P. I. Ghuge (P. W. 4), after learning from S. I. Singh, informed D. C. P. Sur on telephone about the said information and on being instructed by the D. C. P. , P. I. Ghuge directed Bhosale (P. W. 1), the constable, to bring panch witnesses. The panch witnesses were explained the facts and they consented to act as Panch witnesses. Thereafter, initial panchanama was drawn in the officer and then the raiding party, consisting of Police Constable Bhosale (P. W. 1), S. I. Singh (P. W. 3), P. I. Ghuge (P. W. 4), two constables and the two drivers of the vehicles through which they went. They then proceeded and parked their vehicles opposite Bandra Railway Station and then they went towards the spot of incident. They noticed on rickshaw, which was parked in front of Hassan General Store. They noticed that some persons were going to the rickshaw and taking something from the person sitting in the rickshaw and thereafter they were going away. Immediately, the raiding party rushed towards the rickshaw. The accused No. 1, on noticing the raiding party, is alleged to have tried to run away but he was nabbed by S. I. Salaskar at a short distance. Thereafter, the search of the rickshaw was taken and in that search a plastic carry bag containing powder, which ultimately was found to be brown sugar, was found. The said powder was weighed and it was found that it was about 80 grams. They also recovered other articles from the rickshaw, like a small weighing scale, weights of different denominations, a bunch of small empty polythene bags, a spoon and a scissor. All these articles were seized under panchanama after drawing samples. The bulk packet was marked as 'a', the two samples packets containing 5 grams of powder each, were marked as 'a1' and 'a2'. They are the article Nos. 2 and 3 before the Court. The other articles were packed in a packet which was marked as 'a3' (Article 5 ). All these articles were seized on the spot and were pasted with labels bearing signatures of the panch witnesses. Thereafter, the person of the accused No. 1, who was nabbed, was searched. Cash of Rs. 1,234/- (Article 4) were seized from him. The rickshaw and the papers of registration of the rickshaw, which were found lying in the rickshaw, were also seized by the police. A detailed panchanama of all that had happened was drawn on the spot.

(3.) IT is also alleged by the prosecution that on interrogation of the accused No. 1 police learnt that Pandit Hiralal Sharma was to come to Khardanda at 3. 00 p. m. and it is he who had supplied the brown-sugar to the accused No. 1. Therefore, the raiding party decided to go to Khardanda, but before that they went to the house of the accused No. 1 and searched his house but nothing incriminating was recovered.