MAJJIDKHA S/O HANIFKHA KHAN Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, BALLARSHA, TALUQ BALLARSHA, DISTRICT CHANDRAPUR

JUDGEMENT

(1.) This appeal takes exception to judgment and order dated 9/8/2005 passed by Special Judge, Chandrapur in Special Case No.10/2004 by which appellant/accused came to be convicted for the offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 50,000/- and in default, to suffer rigorous imprisonment for six months.

(2.) It is noted that vide charge (Exh. 2), accused was charged for the offences punishable under Sections 20 and 22 of the NDPS Act, but the impugned judgment does not reveal that accused is either acquitted or convicted for the offence punishable under Section 22 of the NDPS Act.

(3.) In brief, it is the case of prosecution that on 17/8/2004, P.W.5 Ashok Jot, Police Inspector, who was attached to Police Station, Ballarsha, received secret information at 21.10 hours that accused had stored contraband ganja in his house for the purpose of sale. As per the information, house is stated to be situated near Puja Colour Lab at Dadabhai Nouraji Ward, Ballarsha. Information was reduced into writing in the station diary and was given to Shri Walve, SubDivisional Police Officer, Chandrapur. Based on information as aforesaid, P.W.5 Ashok Jot, P.I. arranged for two panch witnesses, P.W.7 Suresh Dhage, Naib Tahsildar, photographer, etc. and on collecting necessary articles for effecting raid, effected raid on the house of accused on the same day at 22.40 hours and in the presence of accused, seized 7.4 kgs. of ganja from his house. One sample of 250 grams came to be drawn from the seized quantity and remaining ganja was sealed separately and deposited in Malkhana after taking entry in the muddemal register. Panchanama of all these facts was drawn vide Exh. 6.