MOHD ARIF MOHD SULEMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to Judgment rendered by learned Ad-hoc Additional Sessions Judge, Nanded, in Special (NDPS) Case No.5 of 2004. By the impugned Judgment, appellant has been convicted for offence punishable under Section 20(i) (b) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short, "the N.D.P.S.Act") and sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.1,00,000/- (Rs.One lac) in default, to suffer simple imprisonment for two years.

(2.) The prosecution case, in brief, is that PW - PSI Mohd.Kabir, who was attached to Itwara Police Station, Nanded, received a secret information on 3rd March 2004 to the effect that one person was transporting contraband "ganja" on his scooter on Wajegaon-Nanded road. So, P.S.I. Mohd.Kabir gave intimation to the superior Police Officers. He called panch witnesses, a shopkeeper alongwith weighing scale and weights as well as Police staff members. He also called for a Photographer. All of them went to Degloor road with intention to carry out the raid. P.S.I. Mohd.Kabir disclosed his intention to conduct the raid for suspected recovery of ganja. They stopped near a shop called "Milan Tent House" situated at Degloor-Nanded road. At about 12.40 p.m., they noticed that one scooter vehicle was coming from Degloor Naka towards Nanded. There was a gunny bag on the pillion seat of the scooter. The scooter was intercepted. On enquiry with the scooterist, it was confirmed that gunny bag contained "ganja". The ganja was weighed. The weight of ganja was found to be 20 kgs. From the stock, 100 gms of ganja was separated. The sample of 100 gms ganja was put in a packet, which was duly sealed. The remaining ganja was refilled in the gunny bag and was seized. The scooter bearing registration No.MH-28-1197 was also seized. A seizure panchnama was then drawn. The Photographer took photographs of the steps taken during the course of search and seizure. The appellant was arrested and was taken to the Police Station. P.S.I.Mohd.Kabir lodged F.I.R. at the Police Station. The sealed sample packet was handed over to in charge of the Police Station. Thereafter, further investigation was handed over to P.S.I.Herne. The sample packet was sent to office of the Assistant Chemical Analyser. After analysis of the contents, the Assistant Chemical Analyser opined that the sample packet comprised of flowering tops, seeds, pieces of greenish and brownish leaves and stalks of ganja. The appellant was charge-sheeted for offence punishable under Section 8 read with 20(i) (b) (B) of the N.D.P.S.Act.

(3.) A charge was framed at Exh.4 and was explained to the appellant. He denied truth into the accusations. He asserted that he is framed in a false case. His defence was of total denial. He gave no explanation, whatsoever, as to why he was falsely implicated in the criminal case for alleged possession of contraband ganja.