MIR MURADALI KHURSHID ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 and is sentenced to suffer R.I. for 12 years and to pay fine of Rs. 1,00,000/- in default to suffer R.I. for one year in N.D.P.S. Sessions Case No. 40 of 2009 by the Special Judge, N.D.P.S. Act, Pune, vide judgment and order dated 12.1.2011. Hence, this appeal. Such of the facts, which are necessary for the decision of this appeal are as follows:--

(2.) P.W.-1 Anil Pimpalkhare was the panch for seizure. He was a driver by profession. On 11.10.2009, he was called by A.P.I. Nalawade at Crime Branch, Pune. He has deposed before the Court that the vehicle was raided. The driver had disclosed his name as Mir Muradali Khurshidali i.e. the present appellant. According to P.W.-1, they found gunny bags inside the vehicle containing greenish wet leaves/Those leaves were tested with the help of a Detection Kit. Those leaves were of Ganja. During personal search, they found one mobile handset and amount of Rs. 250/-. The total weight of Ganja was 251 kgs. And 100 gram.

(3.) P.W.-2 Vishal Gavli was the Police Constable attached to Bharati Vidyapeeth Police Station. He had carried the sealed packets to the Chemical Analyzer. He was cross-examined. He has deposed before the Court that the police had not recorded his statement. Sample packets were given to him at about 10.30 a.m. at Katraj Police Station. Dnayanoba Sanap and Anil Pimpalkhare were not present when the samples were given to him. All the gunny bags were brought to the police station. According to him, Ibrahim Aaba Patel was in charge of Katraj Police Chowky. He was attached to Katraj Police Station. He had carried the sample packets to the C.A. on 11.10.2009. The report of the Regional Forensic Science Laboratory of State of Maharashtra is at Ex. 11 which shows that the samples were sent along with a covering letter dated 16.10.2009 and they were received on 16.10.2009.