BAHADUR JANGALI CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under section 36-B of the narcotic Drugs and Psychotropic substances Act, 1985 (the N. D. P. S. Act for short) read with section 374 of Criminal procedure Code arises from the order of conviction and sentence passed by the learned Special Judge (under N. D. P. S. Act) on 29/31-1-2002 in N. D. P. S. Special Case No. 169 of 2000. The present appellant - accused No. 2 was put on trial with accused No. 1 Shri Surendra ramnath Sharma for the offences punishable under section 20 (b) (ii) read with section 8 (c) and under section 8 (c) read with section 20 (b) (ii) read with section 29 of the N. D. P. S. Act and both of them have been convicted for the offences levelled against them and have been sentenced to suffer RI for 10 years each and to pay a fine of Rs. 2,00,000/- each, in default of payment of fine amount both of them to undergo further imprisonment for a period of six months.

(2.) As per the prosecution case, PSI Ajit shankarrao Bartakke (PW 1) had received information on 5-9-2000, while he was Station House Officer at day duty at the office of Narcotic Cell, cuff Parade, around 11. 40 a. m. , that two persons by name Surendra Sharma and Bahadur Chavan were expected between 2. 45 p. m. to 3. 30 p. m. on the same day in front of Midtown Hotel footpath, kamani, Kurla (W) , LBS Road for handing over Charas (Hashish) to the customers. Entry into the station diary was made to the same effect, witnesses were arranged, the police officers were subjected to search, the police party and the witnesses were taken to the Superior officer PI Tele and in turn the copies of the station diary entry were handed over to the ACP, DCP and on their instructions pw 1 proceeded to lay a trap as per the information received. On the instructions of pi Tele, the members of the raiding party were searched by the panch witnesses and the panchas were also searched. The vehicle in which the raiding party was required to travel was also searched. The raiding party subsequently left the office at 1. 10 p. m. and reached Sheetal Talkies, kurla, around 2. 15 p. m. where the informant was waiting for PSI Bartakke. PI Tele was also member of the raiding party. While the raiding party was keeping a constant watch near hotel Midtwon, at about 3. 10 p. m. they noticed two persons coming from Ghatkopar side and they were holding one bag each. They stood near hotel Midtown and were noticed waiting for somebody. They were observed for two minutes, during which the informant apprised PI Tele as to who is surendra Sharma and who is Bahadur chavan and the informant immediately disappeared from the place. On a signal given by PI Tele the staff and members of the raiding party surrounded both the persons, their bags were searched and in one bag held by accused No. 1, Charas weighing 10 Kgs. and in the second bag held by accused No. 2, Charas weighing 5 kgs. was found. Two separate samples from both the bags were drawn and sealed. The raiding party along with the accused persons and muddemal came back to the office at about 6. 10 p. m. and submitted report and FIR (Exh. 20) was recorded by psi Sarak (PW 4). Written entry was made in the station diary on the directions of pi Tele and further investigation was carried out by PSI Sarak (PW 4).

(3.) The prosecution examined in all four witnesses i. e. PW 1 - Ajit shankarrao Bartakke, PW 2 - Suresh sakharam Jagtap, PN - 216543 attached to general Branch, PW 3 - Vinayak Kashinath deshmane, a panch witness and PW 4 - PSI Dada Bhagwan Sarak. The evidence of PW 2 - Jagtap is on a limited point, namely, that the sample packets in C. R. No. 42 of 2000 were carried by him to the office of Chemical Analyser, kalina after making station diary entry along with the forwarding letter marked as Exh. 22. He stated that he handed over the packets marked as A-l and B-l with duplicate letter at the office of Chemical analyser to the concerned Clerk who gave acknowledgement on office copy of the forwarding letter. On his return to the Anti Narcotic Cell, he made entry in the station diary and his statement was recorded. He pointed out before the Court that Article Nos. 10 and 11 were the same packets which he had carried to the office of C. A. on 6-9-2000. In his cross-examination he deposed that PI Tele had collected the two sample packets from stores under a letter. The stores is at Azad maidan. He could not tell who had prepared and signed the forwarding letter at exh. 22 and so was the case with seal impression on it. He denied the suggestion that he did not carry any sample packets to the office of C. A. in his cross-examination. The C. A. report at Exh. 32 indicated that in both the packets Charas was detected. In addition, the weight of the seized Charas quantity on the spot from each of the accused is a commercial quantity as defined under the N. D. P. S. Act.