JETHA AUCHAT PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was charge-sheeted under section 20 (b) (ii) read with section 8 (c) of the N. D. P. S. Act and he was convicted for the said offence as per the impugned judgment dated 23-3-1994 by the Special Judge (under N. D. P. S. Act) at Greater Bombay in N. D. P. S. Special Case No. 722 of 1989.

(2.) BY this judgment and order under appeal the appellant was sentenced to suffer R. I. for 10 years and to pay fine of Rs. one lac and in default to suffer further R. I. for two years.

(3.) THE case of the prosecution is that on 29-7-1989 P. I. Miranda, P. S. I. Dhange P. W. 3, P. S. I. Kamble and other staff from Nagpada Police Station were patrolling on Maulana Azad Road when they were proceeding towards Sakhali Street. When they reached at the junction of Maulana Azad Road, Sakhali Street, they found that the accused was proceeding hurriedly carrying one blue colour tin box in his hand. On seeing the patrolling staff, the accused was frightened. On suspicion, the accused was intercepted and two panchas were called. In the presence of panchas accused was asked to open the tin box. On opening the tin-box in the presence of panchas, they noticed one plastic bag and two khaki paper bags in the tin-box. They also noticed black colour pieces in the said bags. The officers and panchas smelt the substance. They tasted the substance. After smelling test and tasting test they suspected the substance to be charas. Then a Constable was sent to Nagpada Police Station to collect the seal and sealing material, weighing scale and measures. Police Constable after bringing aforesaid materials, in the presence of panch witnesses and the accused 3 bags were weighed. They were found, collectively 10 kgs. 300 Gms. From each of the bag, 100 Gms. of charas/substance was withdrawn as representative sample. The samples were collected in 3 separate polythene bags. Subsequently, the 3 separate bags, containing samples were packed in khaki-paper. Labels were pasted to these packings bearing the signatures of panchas. Then they were sealed with the seal of Nagpada Police Station. The remaining contraband in the three bags was kept in the respective bags, collected in the tin-box and label was pasted on the tin-box and sealed with the seal of Police Station. The seized property and the sample packets were taken in charge under panchanama, prepared at the spot by P. S. I. Bhange. Panchanama was started at 18. 15 hours and concluded at 19. 30 hours. The contents of the panchanama were read over in the presence of panchas. After admitting the contents of the panchanama, panchas put their signatures on the panchanama. The accused, seized property and sample packets were then brought to Nagpada Police Station. P. S. I. Bhange, recorded statement of P. W. 1 as a complaint. The complaint was countersigned by P. S. I. Bhange. Samples were sent to C. A. on 23-8-89 as per forwarding letter dated 31-7-1989 by P. I. Miranda. On 2-8-89, store Havaldar deposited the sample packet in the office of F. S. L. in person. The concerned receiving clerk of F. S. L. put his signature and date on the office copy of the forwarding letter. The sample packets were in a sealed condition in the custody of store Havaldar to deliver the same in C. A. office. On 22-8-89, the C. A. report was received which has been produced before the Court Exh. 20 and it is confirmed that samples were of charas and accordingly on that basis investigation has been completed and charge was submitted against the accused in the M. M. Court, Mazgaon. The case was committed to Sessions and accused was tried. During the trial, the accused denied the charges before the Court. In all three witnesses were examined. P. W. 1 is the constable Vilas, P. W. 2 Maruti, P. W. 3 Investigation Officer Mr. Balkrishnan, Exh. 20 is the C. A. report, which contains the date and the procedure of the laboratory test made by the C. A. Thus, as per the report the samples were of narcotic substance under section 23-A of the N. D. P. S. Act and the test was positive.