RAJU MOHANRAO RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against Judgment of conviction and sentence rendered by learned Special Judge, Latur, in Special Case No.15 of 2003. By the impugned Judgment, appellant herein is convicted for offence punishable under Section 20(i)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short, "the N.D.P.S. Act" ) and is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1 (One) lac in default to suffer further rigorous imprisonment for two years.

(2.) The prosecution case, stated briefly, is that on 23.8.2003, P.S.I. Sharma, who was attached to City Police Station at Udgir, received secret information to the effect that one person was likely to arrive at S.T.stand, Udgir alongwith contraband "Ganja". He immediately sent a report to Superintendent of Police, Latur. He called panch witnesses and attempted to secure presence of Tahsildar as Gazetted Officer. Since the Tahsildar was out of town, he requested Medical Officer, Dr.Vibhute to remain present at the time of conducting the raid. They went to the S.T.bus stand and waited outside in expectation of arrival of the passenger about whom the confidential information was received. At about 2:00 p.m., they saw the appellant standing near platform No.1 of the S.T.bus stand. He was carrying two suit cases in his hands and one carry bag was hanging on his shoulder. P.S.I. Sharma and other members of the raiding party neared him. The search of the suit cases and the carry bag was carried out after giving him option to have search in presence of the Gazetted Officer, i.e. Dr.Vibhute. The suit cases and the carry bag were found to contain stock of "ganja". A trader was accompanying the raiding party alongwith weighing scale and weights. The stock of "ganja" in one suit case was of 8 kg, 400 gms, in another suit case 7 kg, 200 gms. and in the shoulder carry bag 4 kg, 700 gms. From each of the suit case and the shoulder bag, samples of "ganja" were collected and sealed packets thereof were prepared. The appellant was arrested and was rushed to the city Police Station after preparation of seizure panchnama. It is stated that P.S.I. Shri Sharma followed subsequent procedure of sending a report of the seizure and arrest to his superior Officer and arranged to send the samples of "ganja" to the office of Chemical Analyser, Aurangabad. Consequent upon completion of investigation, the appellant was chargesheeted for commission of offence punishable under Section 20(1) (b) of the N.D.P.S.Act.

(3.) A charge was framed at Exh.6. The appellant entered plea of not guilty. His defence is one of simple denial. He asserted that false charge is foisted on him.