SHERKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by an accused who was convicted by the Special Judge, Nagpur under Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 50,000/- and in default further rigorous imprisonment for six months.

(2.) The facts giving rise to this appeal are as follows : - Head constable Mr. Lawrance Samual Jivankar, who was attached to Police Station, Sitabuldi was proceeding on petrolling duty along with two constables on18-9-2002, as those were the days of Ganpati Festival. He left the Police Station around 21. 35 hrs. after taking an entry in the diary. While they were so proceeding, they came near Ganesh Takadi line and saw one person standing in front of the Madhya Pradesh State Transport Corporation Bus Stand. He was having one brown coloured bag with him. Policemen suspected that it might contain some contraband. Accordingly, they went near that person. THEy called two panchas namely Dinesh Shelke and Asaram Parate and they told the accused that they want to have his search. THE accused gave his name as Sherkhan of Nizamabad. He was taken beneath an electric pole. He refused to take the personal search of the Policemen and thereafter search of the bag of the accused was taken, in which Ganja weighing of 9 kgs. was found. A constable was sent to bring a weighing machine. He brought weighing machine and sample of 25 gms. was taken. A panchanama was drawn at the spot. THE accused was arrested and brought to the Police Station.

(3.) I have heard the learned counsel for the appellant/accused and the Additional Public Prosecutor for the State.