NARAYAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Spl. N.D.P.S. Case No. 8/1998 which was pending in the Court of 3rd Assistant Sessions Judge, Nanded. The appellant is convicted and sentenced for the offence punishable under section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' for short). Both the sides are heard. The incident in question took place on 16.2.1998. Shri Gopinarayan, A.P.I. was attached to Nanded Rural Police Station. His constable Shri Pole gave information that one person was coming with Ganja in a sack at Osmannagar Chowk. After receiving this information, entry of the information was taken in station diary and Gopinarayan proceeded to the spot along with staff and also with Police Inspector Shri Chate. Two panch witnesses were also taken with them.

(2.) Gopinarayan, Chate and their staff waited for arrival of accused. When the accused arrived, Gopinarayan disclosed their identity and informed the accused/appellant that Shri. Chate was Gazetted Officer and search of the accused can be taken in presence of Gazetted Officer or Magistrate. When the accused gave consent for taking his search in presence of Chate, the search was taken. In the sack, Ganja weighing 8.7 k.g. was found. The sample of 100 grams was separated and sample was closed and sealed. Panchanama was prepared accordingly.

(3.) Gopinarayan gave report in respect of incident and the crime came to be registered for aforesaid offences. Further investigation was made by Gopinarayan. He forwarded sample to C.A. office with constable Pole. C.A. report was received that packet contained Ganja. Chargesheet came to be filed for aforesaid offences.