HIRALAL GAURUDDIN GORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the appellants and Mr. Mandpe, learned A. P. P. for the respondnet-State. Perused the record.

(2.) ALL the four appellants herein were tried in the Special Case No. 10 of 2001 before the 1st Additional Sessions Judge, Amravati for having kept in their possession narcotic substance namely Ganja in conspiracy. The trial court, by its judgment and order dated 16th September, 2003 convicted the appellants for the offence punishable under section 20 (b) (i) r/w section 29 of the Narcotic Drugs and Psychotropic Substances Act (1985) (for short hereinafter referred to as "the N. D. P. S. Act") and sentenced them to suffer rigorous imprisonment for a period of five years each and to pay a fine of Rs. 50,000/- each in default to suffer simple imprisonment for two years. This order of conviction and sentence is subject-matter of challenge in these appeals. Since the challenge in these appeals is to one and the same judgment of conviction and sentence, these appeals are disposed of by this judgment.

(3.) THE prosecution case, in brief, is that on 21-06-2001 at 00. 15 hours P. I. Satish Deshmukh (P. W. 2) attached to Police Station, Nagpuri Gate received telephonic information that appellate Akilsha (original accused No. 1) had brought some Ganja in his car and out of that, some Ganja was disposed of to appellants Hiralal and Seetaram (Original accused Nos. 3 and 4) respectively at their house at Chichfel, Amravati and that appellant Akilsha was returning back with some quantity of Ganja in his car towards his house. P. I. Deshmukh accordingly, reduced the information into writing vide sana Entry No. 6, dt. 21-06-2001 (Exh. 21 ). He, therefore, sent message to his superior official conducting raid and obtained permission vide Exh. 22. ACP More granted permission for conducting raid vide Exh. 23, Exh. 24 is the copy of station diary sana Entry No. 7 about giving information and seeking permission of acp More by P. I. Deshmukh, P. I, Deshmukh claimed in his evidence that information was given and permission was sought by sending wireless message to ACP More. P. I. Deshmukh after obtaining permission, called P. S. I. Patil (Crime Branch) two panchas namely Zaheerkha Pathan (P. W. 1) and sardarsha s/o Wazirsha (P. W. 6) and a photographer Ashfaque Hussain (P. W. 5)for conducting raid. Thereafter, the raiding party led by P. I. Deshmukh proceeded in two vehicles and halted at Gwalipura on the road in front of temporary Police chowki. P. S. I. Patil halted with his vehicle and staff at Tanga padav bound on Walgaon road to keep watch. It is the case of prosecution that within 15 to 20 minutes one car bearing Registration No. MH-03/h-1346 came there and P. I. Deshmukh stopped the car. There were two persons in the car and out of them, one was driving the car (original accused No. 2) while the other (original accused No. 1) was sitting by the side of the driver on the front seat. P. S. I. Patil reached there. Accused Nos. 1 and 2 were informed the purpose of search of the car in respect of Ganja. They were also informed about their right to get searched in the presence of Gazetted Officer or Executive magistrate as contained in section 50 of the N. D. P. S. Act and then, when the car was searched, one plastic bag containing Ganja was found hidden on the front seat below the thigh of original accused No. 2. When the plastic bag was opened, it was revealed that it contained dried and wet green coloured leaves and seeds of Ganja. It was also revealed when the search of the car was taken that one number plate of the car bearing No. AP-25/g-3598 and a car memo of petrol filled in the car were found below the rear seat. The Ganja that was found in the car contained in the plastic bag weighed one kg. It was seized and two samples of ganja were collected in the separate silver coloured papers which were also sealed. The remaining quantity of Ganja was also measured and it weighed 952 grams which was also seized and sealed. It was, on interrogation with accused Nos. 1 and 2 by P. I. Deshmukh, revealed that they have disposed of some Ganja in chichfel to the original accused Nos. 3 and 4. Panchanama of seizure of Ganja was drawn and it was kept open as further raid was to be carried out at the houses of original accused Nos. 3 and 4.