MOHAN SHAMRAO MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of Judgment rendered by Special Judge, Jalgaon, in Special Case No.5 of 2005. By the impugned Judgment, appellant - Mohan has been convicted for offence punishable under Section 8 read with Section 20 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 fine of Rs.1,00,000/- (Rs.One Lac) in default to suffer rigorous imprisonment for two and half years.

(2.) The prosecution case is that on 6th July 2005, Police Inspector - Dnyandeo Gaware, who was then attached to Muktainagar Police Station, received a secret information to the effect that one person was waiting for arrival of someone by side of road at village Kurha and there were six bags of ganja by his side. P.I. Mr.Gaware instructed Head Constable Mr.Pachpande, attached to Kurha outpost, to keep vigil on the activities of said person. He gave information to the Dy.Superintendent of Police, Bhusawal about the proposed raid. He thereafter called for panchas, a Photographer and arranged for proper illumination at place of the raid. He also called for P.S.I.Mr.Pawar and other staff members. He narrated to them about gist of the secret information received by him. They all proceeded to village Kurha in a Police jeep vehicle. When they reached at the spot near the Kurha-Dhupeshwar road, at about 7:30 p.m., they found the appellant standing by side of six bundles (Gathode). The members of Police party immediately encircled him. They nabbed him. He was asked as to whether he wanted to take search of the members of the Police party and panchas. He was also asked whether his search need to be taken by anyone else. He declined to exercise the option. The six bundles were opened in presence of panchas. The bundles contained "ganja" of different quantity in the range of 19 kgs to 34 kgs. The ganja was weighed at the same place. The weight of ganja was 155 kgs. Two sample packets were prepared of 100 gms each by collecting ganja from the stock. The remaining ganja was filled in the same bundles, which were closed after stitching them by a bodkin and string. The two sample packets were pasted with paper labels signed by panchas and P.I.Mr.Gaware. They were sealed. A seizure panchnama was drawn. The appellant was produced before the station house Officer of Muktainagar Police Station alongwith the seized ganja. P.I.Mr.Gaware lodged F.I.R. Thereupon, P.S.I.Pawar registered crime against the appellant. The information of search and seizure was forwarded to the higher Officer. One of the sample packet was forwarded to the office of Assistant Chemical Analyzer, Aurangabad. The Assistant Chemical Analyzer, Aurangabad gave report that the sample contained greenish flowering tops, pieces of greenish leaves, seeds and stalks. He reported that it was "ganja" as described under Section 2(iii) (b) of the N.D.P.S. Act. The appellant was charge-sheeted for the offence punishable under Section 20(b) of the N.D.P.S. Act.

(3.) At the trial, charge was framed at Exh.No.3, which the appellant denied. His defence is of simple denial. He denied truth into the accusations. He asserted that he has been falsely implicated in the criminal case. He denied his conscious possession of the six bundles, which were allegedly seized in the relevant evening.