UMARJI AHMED PATEL ALIAS GHADIYALI Vs. STATE OF MAHARASHTRA AT THE INSTANCE OF D B MARG POLICE STATION

JUDGEMENT

(1.) THE appellant was charged for an offence punishable under Section 21 read with Section 8(c) of the N.D.P.S.Act, 1985. By his judgment and order dated 24th February, 1994, the learned Special Judge convicted the appellant for the offence punishable under Section 21 read with Section 8(c) of the N.D.P.S.Act. THE appellant was sentenced to suffer R.I. for ten years and to pay a fine of Rs.1,00,000/-, in default, to suffer further R.I. for one year. THE said order of conviction and sentence is challenged in the instant appeal.

(2.) AT the trial, the case of the prosecution was that on 8th February, 1988, at about 8.30 p.m., complainant P.C.Shrirang Baburao Salunkhe, P.S.I.S.G.Chutke, P.S.I. Balasaheb Jadhav and other staff members were present at D.B.Marg Police Station. AT that time, information was received by complainant P.C.Shrirang Baburao Salunkhe from one informant that two persons would be proceeding on a scooter No.MME-1194 by the side of Safaier Bar, Jalbhai Street and they would be carrying a red coloured suit-case containing brown sugar. Immediately, P.C.Shrirang Baburao Salunkhe conveyed the said information to P.W.5 P.S.I.S.G.Chutke. P.S.I.Chutke explained the gist of information to the detection staff members. Immediately thereafter one of the staff members P.H.C. Pathan took sealing material, papers etc. for raid. P.S.I. Chutke took the seal of the police station. He made a station diary entry and he along with the staff members left D.B.Marg Police Station and rushed towards Safaier Bar, Jalbhai Street.

(3.) IN support of its case, the prosecution examined P.W.1 Shrirang Baburao Salunkhe who is the first informant, P.W.2 Yeshwant Janardhan Shetty, who is a panch witness, P.W.3 H.C.Ramchandra Shankar Pawar and P.W.4 P.I. Madhav Nathu Ahire. The prosecution also examined P.W.5 P.S.I.Chutke who is the INvestigating Officer.