MOHD TAJ MOHD YAKUB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant challenges his conviction under section 20 of the Narcotic Drugs and psychotropic Substances (N. D. P. S. ) Act. He has been sentenced to undergo imprisonment for a period of five years and fine of Rs. 10,000/ -. The appellant shall hereinafter be referred to as an accused.

(2.) On 18-8-2004, P. S. I. Pathan received an information that one person who deals in Ganja was coming by Guard Line Road and he is from Andhra Pradesh. He took down the said information which was received by him. He also took entry in the station diary. He informed his superior Officer. The Superior officer permitted him to carry out the raid. P. S. I. Pathan then directed head constable rajesh to call two panchas. He took entry in that regard in the station diary. Head constable brought two panchas. Information was disclosed to them and they gave their consent to act as panchas. He once again took entry in the station diary and left for the spot. He carried with him the weights and measures and the balance and other articles required for sealing the samples etc. The police party and the panchas went to the Railway Guard Line Road and were in the wait for the accused to come. One person came by the road matching the description given by the informant. He was carrying a yellow coloured plastic bag. He was accosted. On enquiry, he told his name as mohd. Yakub, resident of Warangal. The Police officer disclosed him the reason for taking search of himself and the bag carried by him. He was also told that he can have a search taken before the magistrate or Gazetted Officer and a written information was given to the accused. The accused told that he did not want either magistrate or the Gazetted Officer. As a result, the Police took search of his person after giving their own search. The plastic bag which was with the accused was opened. It was found that it contained Ganja. The weight of ganja was 3 kgs. 400 gms. Four samples of 25 gms. each were taken from the Ganja. They were separately sealed. Similarly, the bag with the remaining ganja was also sealed. The panchanama was drawn. The accused and the property were brought to the Police Station. It was sent for Chemical Analyser. It was found, upon analysis, that the sample contained ganja. Thereafter a charge-sheet was filed against the accused.

(3.) The Sessions Judge framed a charge against the accused. The accused pleaded not guilty and claimed to be tried. The sessions Judge, upon consideration of the evidence, held the accused guilty and sentenced him to imprisonment as stated earlier. Being aggrieved by that order of sentence, this appeal has been preferred.