RIYAZUDDIN QUAZI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal takes exception to the judgment and order dated 28.02.2001, passed by the Special Judge (N.D.P.S. Court), Nagpur in Special Case No. 32/1999, whereby the appellant came to be convicted for the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 3000/-, in default to suffer further rigorous imprisonment for three months. Briefly, it is the case of prosecution that on 04.06.1999 P.W. 1 PSI Deokare was attached to Panchpaoli Police Station. At about 11:00 a.m. he received a secret information involving appellant in a transaction of selling ganja at Ekta Colony, N.I.T. Qtr. No. B-15/171 to his customers. This information was reduced into writing and was forwarded to the superior officer - Police Inspector. P.W. 1 thereafter in the presence of two panchas, made arrangement for effecting raid by arranging weighing scale, sealing material and on taking station diary entry proceeded to the spot at about 11:45 a.m. along with P.I. Shri D.R. Moon, the Gazetted Officer. On reaching to the spot PSI Deokare, knocked the door and gave a call to find out if anybody was in a room situated on the first floor of the building. In response to the call, appellant came out of the house to whom PSI apprised information received by him, and on having introduced himself, panchas and other police team, informed the appellant that his house search was to be obtained. On inquiry appellant disclosed his name as Kazi. PSI Deokare apprised the appellant of his right of search to be obtained in presence of a Gazetted Officer or a Magistrate, to which appellant declined, accordingly the premises came to be searched wherein 1.530 Kg. of contraband ganja came to be found in a polythene bag. Two samples of 40 grams each were taken out of same and bulk quantity of contraband was separately sealed and seized under panchnama.

(2.) Appellant along with seized Mudemal articles and accused were brought to Panchpaoli Police Station. P.W. 1 Deokare lodged his report against the appellant and registered the offence vide Crime No. 6094/1999 under Section 20 of the N.D.P.S. Act. During the course of investigation samples were forwarded for its analysis to Chemical Analyzer at Nagpur on 05.06.1999 and the bulk quantity of ganja - mudemal articles were deposited in the Malkhana. The samples were certified to be positive for ganja. Accordingly, charge-sheet came to be filed.

(3.) Charge is framed against the accused for the offence punishable under Section 20(b)(i) of the N.D.P.S. Act, to which accused did not plead guilty and claimed to be tried. The defence of the accused is of total denial.