BHAIVAJI DNAYNU NIMBALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Appeal, the appellant challenges the judgment and order dated 21st July, 1990, passed by the IV Additional Sessions Judge, Sangli, in Sessions Case No.82 of 1989 convicting and sentencing him to undergo three years' R.I. and to pay a fine of Rs.10,000/-, in default, to suffer R.I. for one year under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

(2.) IN short, the prosecution case runs as under:- The Sub-Divisional Police Officer, Raskar, of Miraj Police Station had received information that Ganja was been cultivated by the appellant in the backyard of his hut situated in his field in village Gardi within the limits of the Police Station, Vita, District Sangli. On the said information, on 27th October, 1988, Mr.Raskar came to Tasgaon Police Station and took along with him P.S.I. Bhivaji Poman (P.W.1) and some police personnel of the said Police Station. At about 5 p.m., they reached the village Gardi in a Police Jeep. Two panchas, viz. Arjun Limbkar and Prakash Kadam were called. They were explained the purpose of raid. Thereafter, the police personnel along with panchas reached near the Chappar of the appellant. At that time, the wife of the appellant, Kusum, was present. On being called, she came out and gave her name as Kusum Nimbalkar. On the back side of the Chappar, some Ganja plants surrounded by Jawar plants were found standing. The said Ganja plants were not visible from outside. In the presence of the panchas, the police personnel uprooted them. They were 41 in number. P.S.I. Poman attached the plants under a panchanama and collected flower tops and leaves from them for the purpose of sample. He affixed labels on the sample and on the said label took signatures of the panchas.

(3.) THE FIR of the incident was lodged at the Vita Police Station by PSI Poman at about 7.30 - 8.00 p.m. the same day Crime No.101/1988 was registered against the appellant and co-accused Kusum on the basis of the FIR.