MANIKRAO SHRIPATRAO BIRAJDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of Judgment rendered by IVth Ad-hoc Additional Sessions Judge, Ahmednagar, in Sessions Case No.191 of 2005. By the impugned Judgment, appellant herein has been convicted for offence punishable under Section 20(i) (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short as "N.D.P.S. Act") and is sentenced to suffer rigorous imprisonment for ten (10) years and to pay fine of Rs.1,00,000/- (Rs.One Lac) in default, to suffer simple imprisonment for one year. Likewise him, one Kashinath Raghunath Murambe, who was original accused No.2, also came to be convicted and sentenced. The said co-accused did not prefer any appeal.

(2.) Briefly stated, the prosecution is that P.S.I. Abdul Gaffar Shaikh received a secret information to the effect that "ganja" was being transported in a truck vehicle bearing registration No.ATT-4629. He called for two panchas, a trader with weighing scale, a photographer and other Police staff members and arranged for raid. He gave information to superior Police Officer - PW-Inspector Nisar Shaikh. The latter also accompanied the raiding party. They went to octroi post situated on Ahmedngar-Kalyan (Manmad) road in a private TATA Sumo Jeep vehicle and awaited for arrival of the truck. After a shortwhile, they noticed that the truck vehicle No.ATT-4629 was coming from Kalyan side towards the octroi post. On either side of the octroi post there are speedbrakers on the road. P.S.I. - Abdul Gaffar Shaikh and other Policemen signaled driver of the truck vehicle to stop the vehicle near the octroi post. The truck vehicle speeded away, in spite of signal to stop the same, and crossed the speedbrakers immediately. The driver did not stop even to pay the octroi charges. The Police party members gave chase to the speeding truck vehicle for about 5/6 minutes and thereafter intercepted it by putting up the TATA Sumo jeep vehicle of the Police party in front thereof. The appellant was found driving the truck vehicle whereas, other two passengers were sitting in the cabin, including another convicted accused, by name, Kashinath. The Police Officers informed the appellant and the co-accused that they intended to carry out search of the truck vehicle. They were asked whether they wanted to have search in presence of a Magistrate, which they declined. The search of the truck vehicle revealed that on the top of driver s cabin, there were six gunny bags, which were tied and a tarpaulin was placed over them. The tarpaulin cover was also tied by means of a rope. The bags were untied and unloaded from the truck. Those bags were found to contain ganja weighing about 25 to 35 kgs. each. Sample of 250 gms of ganja was collected from each of the gunny bag. The samples of ganja were separately filled in six polythene bags, which were kept in khaki packets. The sample packets were then sealed. A seizure panchnama was drawn at the place of the seizure of ganja bags. In all 180 kgs. of ganja was found in the six gunny bags, which were being transported in a truck vehicle. The information about search and seizure was forwarded to the Deputy Superintendent of Police, Ahmednagar by wireless message. The samples were forwarded to the office of Chemical Analyzer. The Chemical Analyzer gave report to the effect that the samples contained ganja, comprising of greenish flowering tops, pieces of greenish seeds and stalks. The report also indicated that it was contraband narcotic substance as per Section 2(iii) (b) of the N.D.P.S. Act. The Police Inspector - Nisar Shaikh carried out certain investigation and charge-sheeted in all four (4) accused persons, including the appellant and another convicted accused.

(3.) At the trial, a charge was framed at Exh.No.26 against the four accused persons. The appellant denied truth into the accusations. He was original accused No.1 amongst the four accused persons. He asserted that he was falsely prosecuted. He denied that he was indulging in transportation of ganja bags. His defence is one of simple denial.