S K CHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of conviction and sentence recorded by the 5th Additional Sessions Judge. Nagpur in holding both the appellant Nos. 1 and 2 guilty under Section 21 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 1985 and each of them was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 Lac in default each one was directed to undergo rigorous imprisonment for a period of one year.

(2.) THE few facts which attracted the search and discovery of brown sugar allegedly possessed by the two appellants were that on 16-5-1992 Police Sub Inspector Mohd. Faheem Choudhari attached to the Crime Branch. Nagpur received an information at about 9. 25 a. m. at Golibar Chowk of the Nagpur City that in front of Risaldar Akhada near the electric transformer on Timki to Mominpura Road of the city two persons were indulging into sale of brown sugar. Giving intimation about the information received by him, he conveyed the same to the Assistant Commissioner of Police Shri Paraskar on phone, who eventually directed P. S. I. Choudhari to conduct the raid. Thereafter a writing was prepared by the P. S. I. as regards the information received by him and the said writing was further intimated to the above said Assistant Commissioner of Police.

(3.) ON the background of this. P. S. I. Choudhari then called as usual the panch as informed them about the task which he wanted to perform in raiding the two appellants in connection with possession of brown sugar and also took the police staff. Along with the raiding party. Police Inspector Mahure attached to the Timkl Police Chowky was also taken to the spot. The rest of the allegations were about they raiding the spot they observing the two appellants in front of Risaldar Akhada then the raiding party accosting the accused persons and then introducing themselves together with the panch as to the appellants. The appellants were further informed about the prior information received by the Police against them as regards possession of brown sugar and their intention to take the personal searches of the appellants. It is pertinent to note even from the allegations as they were made and as it could be further stated by us during the course of this judgment even on the strength of the evidence that was collected by the raiding party that having informed the accused about the search they informed the two appellants that Police Inspector Shri Mahure who was himself the Gazetted Officer was also present with them and thereafter the usual course of action took place viz, of accosting the accused taking their search. seizure of brown sugar from each of them to the extent of 800 and 700 Miligrams respectively in small packets which were discovered and seized. It is not necessary for us to refer to the further details as regards the procedure followed during the investigation as regards drawing of seizure memo separation of brown sugar, Samples, sealing of the samples etc.