BHRUHASPATINATH CHAURANGINATH RAMKEJOGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is successively the second appeal arising out of the decisions given by the Additional Sessions Judge, Washim, under the Narcotic Drugs and Psychotropic Substances Act cases wherein the question regarding identification of Muddemal property before the Court has been ignored at the trial.

(2.) THE appellant in this case was a priest in Balanath Maharaj temple belonging to a public trust. On 9-3-1992 P. W. 4 Patil, P. S. O. of Risod Police Station in Akola District received an information that Ganja had been stocked in the aforesaid temple premises at Balkheda and the appellant was engaged in selling the same. Therefore, on taking an entry, vide Exh. 24, in the station diary, he proceeded to Balkheda and secured two panchas near the school premises. The Panchas were informed about the proposed performance of the raid and then, the temple premises were raided, after performing necessary formalities. In course of the raid, the appellant was found present there. One plastic bag containing Ganja was found on the ground floor and one barrel containing Ganja was found on the first floor. The articles were then seized and the Ganja was weighed. It was found that Ganja was weighed 37 Kilograms. Samples weighing about 50 grams each were taken from Ganja found in two distinct containers. The same were packed in one packet only. The packet was sealed on the spot itself and a panchanama was drawn. The Muddemal property and the appellant were produced at Risod Police Station and F. I. R. Exh. 25 was drawn. An entry in the station diary was made vide Exh. 26 and information was sent to the superior officer. In course of time, the Muddemal sample was sent to the Chamical Analyser alongwith the forwarding letter Exh. 27 and C. A. report Exh. 28 was secured. Thereafter, the appellant was prosecuted for an offence under section 8 read with section 20 of the Narcotic Drugs and Psychotropic Substances Act.

(3.) THE prosecution addued the evidence of P. W. 1 panch Subhash Gaikwad and P. W. 4 P. S. O. Patil as they were in the raiding party itself. P. W. 2 Giri, a trustee of the temple and P. W. 3 Baburao Dhore, Sarpanch of the village were examined to prove that the appellant lived in the temple premises and that they were under his management and control. P. W. 5 Survey was the carrier of the Muddemal property to the office of Chemical Analyser. He proved his duty certificate Exh. 30 and the invoice challan Exh. 31. C. A. report Exh. 28 was tendered by the P. S. O. Patil, which showed that the sample contained Ganja. Finding, therefore, favour with the prosecution evidence the learned Additional Sessions Judge convicted the appellant of the offence under section 8 read with section 20 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to suffer R. I. for four years and to pay a fine of Rs. 10,000/- in default to suffer R. I. for one year. Appropriate orders regarding set off for earlier period of detention were passed.