MADANSINGH KAMALSINGH RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants, who have been convicted by the learned Special Judge, Khamgaon for the offence punishable under section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "ndps Act") and sentenced to suffer R. I. for ten years and to pay fine of Rs. One Lac or in default to suffer further R. I. for one year, challenge their conviction and sentence by these two appeds.

(2.) The facts, which led to prosecution andi conviction of the two appellants are as under : on 22nd June, 2004 at about 10. 00 p. m P. S. I. Kale of Shegaon Police station received information that a huge quantilly of Ganja was being brought to shegaon in a Fiat Car bearing No. MH- 30/8538. After preparing for trap, informing his superiors and after recording information in Station Diary, P. S. I. Kale and Raiding Party laid in wait near Munarka High School, Shegaon. At 22. 35 hrs a car came but did not stop, in spiite of signal. It was chased and stopped near Gajanan Society. Appellant Madansingh in Criminal Appeal No. 489 of 2005 was driving the car and appellant Savairam, appellant in Appeal No. 580 of 2005, was found sitting by his side. Search of the car, in presence of Naib tahsildar Shri Gite and panchas, yielded substance like Ganja in gunny bags. The bags were sealed, after drawing samples, which too were sealed. The samples were sent to Forensic Science Laboratory, which reported that the article examined was Ganja. On completion of investigation, charge-sheet was sent up. Since the two accused pleaded not guilty to the charge of offence punishable under section 22 (c) of NDPS Act, they were [put on trial, in course of which seven witnesses were examined by the prosecution. After considering their evidence the learned Special Judge came to convict the appellants and sentenced them as mentioned above. This led them to prefer these two appeals.

(3.) I have heard Advocate Kasat, learned counsel for the appellant in criminal Appeal No. 489/2005 and Advocate Badar, learned counsel for appellant in Criminal Appeal No. 580/2005. I have also heard Advocate Jaiswal, learned Additional Public Prosecutor for the State.