DULICHAND MITTHU AHIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has filed this appeal against judgment and order dated 26-11-1992 passed by Additional Sessions Judge, Akola for his conviction and sentence for the offence punishable under Section 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant is sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/-, in default R. I. for one year.

(2.) SHORTLY stated the facts of the case are that P. W. 3 Ashok Damodhar, Head Constable attached to the City Kotwali Police Station received information from the informer that appellant accused was selling card at his house at Jaihind Chowk, Akola. P. W. 3 then accompanied by panchas raided the house of the accused. The accused was found upstairs in his house and during his search, 7-8 packets of Gard were found in his under-pant pocket. P. W. 3 then mixed the substance of all the packets and took sample. He drew panchnama Exh. 14, seized the property, came to police station along with the accused and lodged the report Exh. 18. He also informed about the seizure to his superiors. The accused was arrested. P. W. 3 sent the sample under his forwarding letter to Chemical Analyst. In sample, the Chemical Analyst detected heroin.

(3.) DURING trial, prosecution examined three witnesses. P. W. 1 Mirza Alibeg Panch stated that he accompanied P. W. 3 to the house of the accused. When call was given, accused did not come out of the house and, therefore, went upstairs. They took search of the accused and found 7-8 packet in the under-pant pocket of the accused. It was brown sugar. He proved panchnama Exh. 14. He denied the suggestion that he had a quarrel with the accused over kerosene and also that the accused resides at Hariharpeth.