RAJESH JAGIAMBA AWASTHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for possession of 180. 70 grams of charas under section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution had examined four witnesses in support of the charge. The said witnesses are P. W. 1 Mahesh M. Kasissare, Jr. Scientific Officer in Directorate of foods and Drugs Administration, who had analysed the samples which were forwarded to him; P. W. 2 the panch witness Nitin Kesarkar in whose presence the search of the appellant was effected and the charas in question was recovered; P. W. 3 Manohar Joshi, Scientific Assistant, to whom the charas was forwarded after recovery by the Investigating Officer and who, in turn, forwarded the charas to the Food and Drugs. Laboratory for analysis and the Investigating Officer P. S. I. Naresh Mhamal, P. W. 4 who had accompanied P. S. I. Thorat to the flea market at Anjuna.

(2.) THE trial Judge accepted the evidence of the prosecution witnesses and convicted the appellant for possession of 180. 70 grams of charas under section 20 (b) (ii) of the N. D. P. S. Act and sentenced the appellant to undergo rigorous imprisonment for ten years and fine of Rs. 1 lakh and in default rigorous imprisonment for 2 years. The conviction and sentence are challenged by the appellant in this appeal.

(3.) THE prosecution case, in brief, is that P. S. I. Mhamal (P. W. 4) alongwith P. S. I. Thorat had gone to Anjuna flea market alongwith the other staff and the panch witnesses including pancha P. W. 2 Nitin Kesarkar for patrolling on 14th December, 1994. At the flea market Anjuna P. S. I. Thorat had arrested one Premchand Kulbi for possession of charas and on being questioned he disclosed that he had come alongwith his friend Rajesh Awasthi --the appellant in this case and the said Rajesh Awasthi have concealed charas in his shoes. This information was recorded by P. S. I. Mhamal (P. W. 4) and the said record is Exh. P. W. 4/c. The said Premchand Kulbi pointed out the appellant to the police party. P. W. 4 P. S. I. Mhamal took search of the appellant after informing him about his right to be searched in the presence of Gazetted Officer or Magistrate but the appellant declined the said offer made to him. On being searched 100 grams of charas was found in one shoe and 115 grams of charas was found in another shoe. The same was separately packed and sealed in the presence of panchas. Panchanama Exh. P. W. 2/a was drawn. P. S. I. Mhamal (P. W. 4) forwarded the charas which was recovered from the possession of the appellant to P. W. 3 Manohar Joshi, Scientific Assistant, for safe custody on the next day and P. W. 3 Manohar Joshi in turn had forwarded the same on 16th December, 1994 to the Food and Drugs Laboratory, Panaji for analysis. Junior Scientific Officer P. W. 1 Mahesh Kaissaro conducted test individually after taking samples out of the charas forwarded to him. He found that the substance was dark brown in colour having characteristic odor of charas. Microscopic examination showed presence of hairs resembling charas and the Beams Acid test was positive. On the basis of his findings he came to the conclusion that the sample analysed contained charas. After completing the investigation the appellant was charge-sheeted as stated above.