SATHALIYA JALAMSINGH WARDAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the Judgment rendered by Special Judge, Parbhani, in Special Case No.8 of 2004 whereby appellant-Sathaliya is convicted for offence punishable under Section 20(b) (ii) (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short "the N.D.P.S.Act, 1985") and sentenced to suffer rigorous imprisonment for 5 (five) years and to pay fine of Rs.25,000/- (Rs.Twenty-five thousand) in default, to suffer rigorous imprisonment for 3 (three) months.

(2.) Briefly stated, the prosecution case is that on 3.10.2004, Purna-Khandwa passenger train was standing at platform No.5 at about 2.00 p.m. The departure of train was scheduled at 2.20 p.m. As usual, Police Constable - PW-1-Baburao Padghel and another Constable - Pathan were carrying out random inspection of the bogies. While checking the train, PW-1 Baburao Padghel (P.C.B.No.938) entered coach No.817527. It was noticed that the appellant was sitting on a seat bearing berth Nos.1, 2 and 3. He was having a blue coloured rexin bag in his possession. The bag gave repugnant smell of "ganja". Therefore, he was got disembarked from the train alongwith the rexin bag. He was produced before P.S.I.- Dhumne at the railway Police Station. A report was submitted by PW-1 Baburao. Thereupon, P.S.I.Dhumne deputed him to fetch weights of various denominations. A Naib Tahsildar was called. The rexin bag was opened and was found to contain "ganja". The ganja was weighed in presence of the panchas and Naib Tahsildar. The ganja was found to be 8 kg and 700 gms. A sample of 100 gm of ganja was separated. The sample packet was thereafter kept in brown envelope, which was sealed. A seizure panchnama was drawn. The sample was sent to Office of the Assistant Chemical Analyzer, Aurangabad, through a carrier. The report of Assistant Chemical Analyzer indicated that the sample contained flowering tops mixed with greenish leaves and stalks. It was reported that the sample was of ganja within the meaning of Section 2(iii) (b) of the N.D.P.S. Act, 1985. Consequently, the appellant was charge-sheeted for offence of possessing contraband ganja without having any licence or permit to do so.

(3.) A charge was framed and explained to the appellant. He pleaded not guilty. He denied the accusation as regards possession of the rexin bag containing ganja. His defence was of simple denial. The prosecution examined in all 6 (six) witnesses in support of its case. On merits, the learned Special Judge came to the conclusion that the appellant was found in possession of the blue coloured rexin bag containing ganja. Admittedly, the appellant did not possess any licence or permit. So, he was convicted and sentenced for the offence as indicated earlier.