PATRICK BOON ERUMOLOUR IKEKE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the appellant and the learned Counsel appearing on behalf of Respondent No. 1 Union of India at length.

(2.) Appellant is challenging the judgment and order of the Trial Court whereby the Trial Court was pleased to convict him for the offence punishable under section 21(b) read with section 8(c) of the NDPS Act and he was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs 20,000/- and, in default of payment of fine, to suffer further rigorous imprisonment for six months.

(3.) Appellant is the original accused No.2. Prosecution case is that an information was received by the Investigating Officer P.W. 1 Sanjay Poojari on 25/3/2006 that two persons were going to come near the Rassaz Multiplex, Mira Road and one Kwajo Oduro was going to sell 20 Gms of cocaine to the appellant. The said information was reduced in writing. Thereafter, two panchas were called and the raiding party went to the spot alongwith panchas and after the accused No.1 had given cocaine to the appellant herein, they were intercepted and their personal search was carried out near the Qualis vehcile of the raiding party. Prosecution case is that as per the provisions of section 50, both the accused were explained their right to be examined in the presence of Gazetted Officer or Magistrate. Both the accused were informed that there was a Gazetted Officer in the raiding party. Both the accused, however, declined to accept the said offer and, thereafter, they were searched in the presence of the panchas and an amount of Rs 25,000/- was found with accused No.1 and Cocaine of 20 Gms was found in the pocket of appellant herein. The panchanama was accordingly made and it was concluded at 7.30 p.m in the evening. Thereafter, both the accused were taken to the Office of the Narcotic Control Bureau at Ballard Pier, Mumbai. Thereafter, the raiding party went to the residential premises of accused No.1 wherein 50 Gms of cocaine alongwith cash was found. The seizure panchanama was prepared. Statements of accused were recorded under section 67 and on the next day at 10.00 a.m., the accused were arrested. Prosecution examined in all 11 witnesses.