TIRUPATI RAJMAHI WALAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in these appeals is to judgement rendered by learned Special Judge, Latur, in Special Case No. 1 of 2005 whereby appellants have been convicted for offence punishable under section 20 (b) (ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act") and sentenced to suffer rigorous imprisonment for ten (10) years and to pay fine of Rs. one (1) lac each, in default to suffer further rigorous imprisonment for one (1) year.

(2.) The long and short of the prosecution case is that on 01-12-2004, staff members of Local Crime Branch, including PW3 PSI Jagtap visited Murud (District Latur) in connection with investigation of some crime. While PW PSI Jagtap was at Murud, he received a secret information to the effect that a white Ambassador Car bearing registration No. AP-15-G-2244 was coming from Hyderabad and was proceeding towards Mumbai which was to pass through Murud around midday. The car was being used for transportation of ganja, which was being taken to Mumbai for sale, as per the secret information. He immediately recorded an entry of such information at Police Station Diary of Murud Police Station.

(3.) He called for panch witnesses by requesting Head Master of a local school to depute staff members of the school. On his request, two school teachers of the local school arrived at the Police Station and showed willingness to act as panch witnesses. He also called for Medical Officer - Dr. Malbhage of the Rural Hospital to attend the proposed raid. They all went to a place near hotel "Krishna", situated on Latur-Barshi road. At about 11.00 a.m., they noticed that a white Ambassador car was coming from direction of Latur. The car vehicle was intercepted. The white Ambassador car bore registration number as per the secret information and hence, the inmates were called upon to alight. At the relevant time, accused No. 1 Laxman was driving the car vehicle in question whereas the other three accused/present appellants were travelling therein. The car vehicle was searched. Though there was no contraband article found at the first blush, yet when the car vehicle was thoroughly searched, it was noticed that there were cushions (sheets of the seats) which were put in polythene covers. The cushions were found to be compressed. One of the cushions was near the bonnet of the car. The cushion sheets were artificially prepared by pressing ganja leaves, flowering tops, etc. and were concealed in stead of seats. The cushions were then removed and the ganja was stocked at one place. The stock of ganja was weighed after removing the strings which were tied around the artificially prepared cushions of ganja. The total weight of ganja was found to be ninety (90) kilograms. Thereafter, two samples of 50 grams each were separated from the stock of ganja. They were sealed in two separate packets. The sample packets were pasted with paper-slip signed by panchas. The sample packets were also sealed by affixing seal of Murud Police Station and were marked as "S1" and "B1", separately. The remaining stock of ganja was filled in gunny bags which were sealed. The contraband ganja and other articles including the white Ambassador car were seized under a detailed panchanama drawn in presence of the panch witnesses. PSI Jagtap lodged F.I.R. at the Police Station. The sample packets were thereafter handed over to Police Station House Officer of Murud Police Station. The investigation was taken over by PSI Shaikh Hussain of Murud Police Station, after the relevant panchanama and the seized articles, etc. were given in his custody. He sent a forwarding letter to the office of Assistant Chemical Analyser, Aurangabad on the same day and deputed Police Constable Narayan to reach the sealed sample packets to the said office. The sample packets were reached to the office of Assistant Chemical Analyser in the next morning. Analysis conducted by the Assistant Chemical Analyser revealed that the samples were of contraband ganja which answered the description as enumerated in Section 2 (iii) (b) of the NDPS Act. On basis of material gathered during course of investigation, all the four accused persons were made to stand their trial for offence punishable under section 20 (b) (ii) of the NDPS Act.