MOHD SARIF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has challenged the judgment and order dated 28/2/1991 passed by the Additional Sessions Judge, Bhandara in Sessions Trial No. 100 of 1990 convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N. D. P. S. Act), and sentencing him to suffer R. I. for 10 years and fine of Rs to suffer further R. I. for two years.

(2.) SHORTLY stated, the facts are that P. W. 3 Subhash Panse who was working as P. S. I. Local Crime Branch, Bhandara, on receiving information that the appellant-accused was selling ganja and charas on the bank of river Vainganga at village Kardha, asked P. W; 1 Abhimanyu to act as a Punter for the raid on the accused. As P. W. 1 Abhimanyu accepted the offer, P. W. 3 Subhash Panse gave two rupees note for the purchase of ganja from the accused. He gave him directions for giving the signal after the transaction with the accused. Panchnama (Exhibit 13) was prepared in which the number of two rupees note was mentioned P. W. l went near the accused who was catching fish in the river Wainganga by hook. He asked the accused to give ganja paid of two rupees. The accused gave the ganja paid to P. W. 1 and on giving the agreed signal; the raiding party including P. W. 3 Subhash Panse and punches P. W. 2 Purushottam caught the accused, and searched his person. Ganja and chars was found in his possession. The articles were seized and seizure panchnama Exhibit 16 was prepared. P. W. 3 Subhash Panse sent his complaint to the Police Station, Bhandara where the offence was registered and the seized property was deposited in Malkhana of Bhandara Police Station with P. W. 4 Govinda Dhabale on 4. 9. 1990.

(3.) TO the charge, the accused pleaded not guilty. His defense is of total denial. It was suggested to the prosecution witnesses that P. W. 1 Abhimanyu was dealing in the sale of ganja and charas and the property was seized from P. W. 1 Abhimanyu and then foisted on the accused.