MILAN SARCANSKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is an accused in Special Criminal Case No. 6/95 on the file of the Narcotic Drugs and Psychotropic Substances Court of Mapusa. He challenges the conviction and sentence passed by the Special Judge under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act. 1985, whereby the appellant was sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs. 1,00,000/- or in default to suffer Rigorous Imprisonment for two years.

(2.) ACCORDING to the prosecution on 5th January. 1995 a raiding party of the Anti-Narcotic Cell Panaji, led by Mr. G. M. Jadhav. Police Inspector was making a random check in Calangute area. The raiding party also consisted of one Dy. S. P. Shri Shukla. On information received the raiding party went to the house where the accused was staying. Admittedly it was at 8 oclock in the night. When P. 1. Jadhav entered the verandah of the house where the appellant was staying it was open. He knocked at the door and in response the appellant who is the co-owner came to the door. P. 1. Jadhav introduced himself and the other members of the raiding party including the panchas and also Shri LD. Shukla. Dy. S. P. of Anti-Narcotic Cell as Gazetted Officer and told the appellant that they wanted to search the person and the house of the appellant. He also told the appellant that he could be searched in the presence of a Magistrate or Gazetted Officer and also informed him that Mr. Shukla was a Gazetted Officer. Appellant agreed to be searched in the presence of Mr. Shukla. The raiding party then searched the person and recovered charas from the bag which was worn by the appellant at that time and it weighed 12 gms. Sample was taken and sealed in the presence of panchas as per the rules.

(3.) IT is the case of the prosecution that on asking the appellant whether any more charas were kept there in the house the appellant took the raiding party to the adjacent room and, there they found under the cot two bundles. One bundle which was wrapped with cloth contained 365 gms and another lot was found in an alluminium container of the appellant which contained 640 gms of charas. Samples also were taken packed and sealed in conformity with law. These recoveries are marked as S. 1, S. 2 and S. 3 respectively. After following the formalities the raiding party took custody of all these articles. The samples were sent for analysis and the Chemical Analyser of the Government Laboratory confirmed that the samples contained charas.