SK TASSU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal arises out of judgment rendered by Adhoc Additional sessions Judge, Nanded, in Special Case (NDPS) No. 9/2oo3) whereby original accused nos. l and 2 were convicted for offence punishable U/s. 20 (l) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and were sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/-, in default, to suffer S. I. for two years. The learned Special Judge was pleased to acquit original accused Nos. 3 and 4.

(2.) THOUGH, this common appeal was preferred by the convicted accused Nos. 1 and 2 yet, the appeal needs consideration only as regards appellant No. l - Sk. Tassu, inasmuch as appellant No. 2 Ashok died during pendency of the appeal.

(3.) THE prosecution case is that P. S. I. Dattatraya Kumbhar received a secret information to the effect that two men and two women were standing in an open space by side of Railway track and hutment at Nanded, having gunny bags of Ganja. This information was received at 8-15 p. m. on 8-6-2003. He took entry regarding information in the Station diary. He called for two panchas, a shop keeper with a weighing scale and weights and Shri. Taware, who was working as a Supervisor in Yeshwant college, Nanded, at the material time. He alongwith above mentioned persons and staff members proceeded to the spot in a Police Jeep vehicle. The jeep vehicle was stopped at a short distance from the hutment. The members of the raiding party reached the spot on foot by about 9-15 p. m. They noticed that two men were standing under a street light situated between Railway track and hutment area. There were two women standing at a short distance. There were two bags which were half filled and each of them was in possession of the men standing at the spot. On seeing the Police party, the two women fled away and disappeared in the darkness. Though, the two men attempted to flee alongwith gunny bags yet they were immediately nabbed. They gave written consent for taking the search when P. W. Shri. Taware informed them that he desired to conduct the search. Thereupon, search of the gunny bags was taken. The gunny bags contained greenish leaves with pungent smell. One of the gunny bag contained 8 Kgs. and another contained 27 kgs. of the Ganja. The P. S. I, collected sample of 700 grams Ganja from each of the gunny bags and sealed the sample bags after filling of the same in two separate polythene bags. The samples were subsequently sent to office of the Chemical Analyser with a special messenger alongwith a forwarding letter. As a result of analysis, the samples were reported to be that of Ganja which falls within the definition of section 2 (iii) (b) of the N. D. P. S. Act, 1985. The police Officer collected certain evidence during course of the investigation, arrested the women accused and charge-sheeted all the four accused to stand their trial before the Special Judge.