STATE OF MAHARASHTRA Vs. BABASAHEB RAMCHANDRA SAWANT

JUDGEMENT

(1.) THIS appeal is filed by the State against the order of acquittal of the respondent who was tried for offences under Section 8 read with Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter referred to as "the NDPS Act") in the Court of the Sessions Judge, Sangli in Sessions Case No. 92 of 1987.

(2.) THE prosecution case briefly narrated is as under: the police constable Patil PW 1 attached to sangli Town Police Station was on patrolling duty on 13/2/1987 in Sangli town along with Head Constable Patil and Constables More and Shinde. At about 1. 30 p. m. when they were going from Tilak chowk towards the river side they noticed the respondent-accused coming from the opposite direction. As he appeared frightened the police apprehended him and he was searched in the presence of two panchas. In the search four packets containing reddish and whitish powder were found in the left side pocket of his shirt. They were sealed and attached under panchanama. The constable Patil lodged fir (Exh. 7) at the police station against the accused. The offence was registered and the statements of other constables were recorded. PW 3 Head Constable Chavan was on duty at the police station at that time. The powder in the four packets together weighed one gram. All the four packets were sent to CA for analysis. As per the CA report dated 29th July 1987 (Exh. 12) heroin and caffeine was detected in those packets. After completion of the investigation charge-sheet was filed in the Court of the Chief Judicial Magistrate, Sangli. Thereafter the case was committed to the Sessions Court.

(3.) BEFORE the Sessions Court charge was framed for offences under Section 8 read with Sections 20 and 22 of the NDPS Act against the respondent-accused to which he pleaded not guilty. On behalf of the prosecution three witnesses were examined. PW 1 is suresh Patil, the Police Constable who lodged his complaint and was party to the seizure. PW 2 is Vijay ramgole who acted as panch to the search and seizure of the contraband under panchanama (Exh. 9 ). PW 3 is Ashok chavan, the Police Head Constable then attached to sangli Town Police Station before whom the accused and the contraband was produced by constable Patil, PW 1. The defence of the accused was of total denial and false implication.