PUNDALIK GANGADHAR SALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was charged for the offences under sections 22 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985. By his judgment and order dated 19th May, 1994 the IIIrd Additional Sessions Judge, Nashik found the appellant guilty for the offence under section 22 of the said Act. The learned Sessions Judge sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ -. In default, the appellant was to suffer rigorous imprisonment for three years. He was acquitted of the offence punishable under section 27 of the said Act. Being aggrieved by the said order of conviction and sentence, the appellant has preferred the instant appeal.

(2.) SHORTLY stated, the prosecution case is that the appellant-accused was working as Jail Guard in Central Prison, Nashik Road. On 2nd October, 1993 he entered the Central Prison, Nashik Road at 8. 20 a. m. to attend to his daily duty. At this time, his search was taken by the Guards who were at the gate of the prison. The prosecution story further goes on to say that one Bhilaji Bapuji Wagh who was in-charge of the duty in connection with jail security of Nashik Road Central Jail, received confidential information that the accused was possessing contraband articles. He, therefore, reported the matter to Senior Jailor Shri Durge. Pursuant to it, the appellant-accused was called and taken to Zadti room. He was searched there. He was found to be in possession of three packets containing Ganja. The Jail authorities lodged F. I. R. at the Nashik Road Police Station, in connection with possession of Ganja by the accused. Pursuant to the said F. I. R. , the police along with the panchas came to Zadti room. Personal search of the accused was conducted in the presence of panchas. Accused was found in possession of three packets containing Ganja. A panchanama to that effect was made. The police took the accused to the Police Station and lodged a complaint. In pursuance of the complaint, the police registered the offence at C. R. No. II 1015 of 1993 under sections 22 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985. After completition of the investigation, charge-sheet came to be filed in the Court.

(3.) TO appreciate the submissions made on behalf of the appellant as well as on behalf of the State, it is necessary to quote the charge framed by the learned Sessions Judge against the accused. The material portion of the charge is as under :-