NAZIR BABALAL MAKANDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT-NAZIR Babalal Makandar has been convicted under Sections 8 ( c ) and 20 (b) read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Sessions Judge, Sangli and awarded sentence of ten years rigorous imprisonment and to pay a fine of Rs. 1,00,000/- in default to undergo R. I. for another six months. The accused is in jail.

(2.) THE prosecution story in a nutshell is that Police Inspector Kulkarni was attached to Sangli City Police Station when on 7th January, 1992 he received an information that the accused-Nazir was selling brown sugar on a cycle in the vicinity of, Sangli Old Railway Station. On receiving the information, P. 1. Kulkarni in the company of the informant and two Panch witnesses, viz. , Manohar Vithoba Shinde and Appasaheb Baburao Soudi left the Police Station in jeep to Madhavnagar bus stop. They found the accused standing with the bicycle near Srikrishna Hotel and he was apprehended and P. 1. Kulkarni disclosed his identity and on his search found one match box in the pocket of the bush-shirt of the appellant and Rs. 150/- in his pocket and also cassette in the pocket of the trousers and 8 small packets of brown sugar. The goldsmith in the presence of the accused and witnesses weighed the brown sugar and weight of the brown sugar which was found to be 500 mg. and weight of the plastic cover was 150 mgs. After weighing the brown sugar, it was kept in a plastic cover and the papers in which brown sugar was kept were kept in one plastic cover and all these articles were sealed and signature of the panch witnesses were obtained on the spot. Police Inspector Kulkarni drew detailed panchnama in the presence of the appellant and thereafter brought him to Sangli City Police Station and complaint was lodged with the Police Station Officer, Sangli City Station i. e. P. H. C. Patil and the complaint is Exhibit 19. P. S. I. Patil registered the Crime No. 13/91 under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 under Sections 8 (c), 20 (b) and 22. The complaint was registered at about 3. 45 p. m. The sealed packets of brown sugar were given in the custody of A. S. I. Shinde and entries were made in the record of Muddamal Register and next day with his forwarding letter sealed brown sugar was sent to the office of C. A, Pune for analysis and the report was received on 25thjune, 1992. The defence of the appellant was one of denial.

(3.) IN support of prosecution case P. W. 1 Manohar Vithoba Shinde, Panch Witness P. W. 2 Vilas Shankar Asagaonkar a goldsmith who weighed the brown sugar, AS. I. Shinde-P. W. 3, P. WA-the Police Constable who issued the forwarding letter with the sealed brown sugar to the office of the C. A andp. W. 5-Police Inspector Kulkarni, complainant and Investigating Officer of the crime were examined.