YASHPAL MAHINDRAPAL SONIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In sessions Case No. 10 of 1986, the appellant has been convicted for the offence under section 20(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the Act") and sentenced to undergo ten years of rigorous imprisonment and a fine in the sum of Rs. 1 lakh and in default of the payment of fine to undergo further imprisonment for two years. Being aggrieved by this conviction, he has approached this Court in appeal challenging the same.

(2.) The charge against the appellant is that on 24th February, 1986, at 8.45 hours at Chapora when the police party checked one house the appellant was found in possession of 3.300 kgs. of charas worth Rs. 16,500/- without any valid document and that is how he was tried for being in possession of the narcotic drugs under section 20(b) of the Act.

(3.) In support of the prosecution case three witnesses have been examined, P.W. 1 Shaikh Usman who is about 20 years of age is admittedly a homeguard and is attending a night school. In his statement he deposes that he was called by the Mapusa police and taken to Chapora in the morning of 24th February, 1986, alongwith/another panch and some police person personnel. He mentions that Dy. S.P. Deelip Kumar (P.W. 3) was also in the raiding party and their mission was to apprehend drug pedlars in Chapora area. As he reached alongwith others at Chapora, they saw the accused with a wooden bag covered with blue cloth and talking to a local person. At this time, P.S.I. Teli from Calangute Police Station also joined the raiding party. Since the appellant raised some suspicion. Head Constable Dessai was asked to follow him. The appellant went along a katcha road and, thereafter, entered on house having two rooms. This information was given to the raiding party by Head Constable Dessia and, accordingly, a raid was conducted. There three inmates in the house out of whom the appellant was one. According to this witness, the suitcase which he had earlier found in the hands of the appellant with a blue cloth cover was lying on the floor of the room. One of the Police Officers entered the house and he asked the appellant to open the bag. On opening the bag some clothes were removed and when the bag was checked on tapping it created different sounds. The suspicion was that the bag had some hidden compartments. Accordingly, the accused was directed to open the bag and it was then discovered that in three different spaces charas of the total weight of 3.300 kgs. had been stored in that bag. The police soon attached the same under a panchanama and sealed them. However, sample of the seized charas weighing about 50 gms. was separately sealed. This witness also proved the panchanama dated 24-2-1986 made by the police with regard to the seizure of the charas.