SAMSUN DONALD DOKUBO Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the rival submissions on this appeal, preferred by the appellant challenging his conviction in the matter of offences punishable under section 8(c) read with section 21(b) of Narcotics Drugs and Psychotropic Substances Act, 1985 (for short the Act).

(2.) PRESENTLY , the appellant is in jail and already has undergone imprisonment for more than one year and six months, out of the total imprisonment of two years awarded against him.

(3.) THE case of the prosecution in nutshell is that, the police officer, P.W.4 then attached to Anti Narcotic Cell of Bandra received secret information in the afternoon of 6th February 2014 regarding one named African national coming at a particular place in front of Tunga International Hotel, MIDC Andheri (East), for selling heroin to his customer at about 5.00 to 6.00 p.m. The description as to the clothes of the said person was also mentioned in the information. After recording down the said information, it was passed on to the superiors. Station diary was made. A pre -trap panchanama procedure was adopted at Bandra office after calling two pancha witnesses. Various articles required for the raid were collected, including brass seal and also computer and printer. Thereafter, raid was conducted at the given place. The present appellant arrived at about 5.00 p.m. at the said place and the police officer P.W.5 ascertained that he was the same person, as mentioned in the secret information. Thereafter, the police party and panchas proceeded further and surrounded the appellant. After disclosing identity of the police officers, the appellant was apprehended and he was appraised, apparently, regarding his right under section 50 of the Act. Thereafter, his search was conducted during which from his pant pocket total 92 grams of heroin was found. It was tested on the field testing kit and two samples of 5 grams each were prepared and panchanama was prepared and signed by the raiding party members, panchas and also by the appellant. The appellant was taken to the unit office and offence was registered and during investigation sample packet was sent for chemical analysers report and C.A. report was obtained. On conclusion of the investigation, charge sheet was filed and the matter was tried before the special court and ended in conviction as mentioned earlier.