BHIVA TUKA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant was tried in the Court of Sessions Judge at Kolhapur in Sessions Case No.132 of 1994 for having committed offence punishable under Section 18 read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) SHORTLY stated, the case of the prosecution is that, on 3.4. 1994 Suresh Nathuram Jadhav, the State Excise Sub Inspector Flying Squad No.2, Kolhapur, who was in-charge of the post of State Excise Inspector Flying Squad No.2, Kolhapur, reliably came to know that in the area of village Nanundre, Taluka Panhala, District Kolhapur, to the western side of the road leading to Bhairavnath temple, opium poppy plants were cultivated and grown. He therefore called two panchas viz. Shamrao Tukaram Khot and Ravindra Kalappa Malge (PW-1) and disclosed to them the information received by him and asked them to accompany him for raid as panchas. He also called Jaysin Shankarrao Patil (PW-9), a photographer along with ordinary camera and video shooting camera and proceeded to the spot with his staff members, panchas and the said photographer for the purpose of raid in Government jeep. All the persons in the jeep got down and entered in the land owned and possessed by accused Bhiva Tuka Patil. One Rangrao Gunda Patil (PW-4), who was present in the neighbouring land at the time of raid, on inquiry disclosed that his cousin Bhiva Tuka Patil, resident of Nanundre, Taluka Panhala was the owner of that land and he was also the cultivator of the same.

(3.) NEXT day morning at about 8.30 a. m. he reached village Nanundre. He sent State Excise Sub Inspector Gondavale and Bhima Shankar Sadalagekar (PW-5) to Tahsildar Panhala to call him to the spot. Ajit Baburao Pawar (PW-8) Tahsildar of Panhala came there. He called Dnyandeo Rohile (PW-2), Talathi of village Nanundre to the spot. Dnyandeo Rohile (PW-2) prepared Sketch Exh. 14 and issued 7/12 village form extract Exh. 13 regarding the land alleged to have been inspected referring that land to be gat no. 593.