PRADEEP SAKHARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original accused No.1 in Special Case No.9/2000 has challenged his conviction under Section 20 (b) (i) of the Narcotics Drugs and Psychotropic Substances Act , 1985 (hereinafter referred as " N.D.P.S. Act " for short), recorded by Special Judge, Nanded dated 21.01.2002, sentencing accused No.1 to suffer rigorous imprisonment for five years and to pay a fine of Rs. 10,000/-, in default rigorous imprisonment for one year. Respondent is the State of Maharashtra.

(2.) Facts leading to institution of this appeal are that - on 04.05.2000 Police Station, Ardhapur received secret information that one person was sitting with two bags of Ganja, in front of Yogesh Hotel, in one Dhaba at 'Bhokar Phata'. Therefore, considering urgency of situation, A.P.I. Molvane (PW-9) without obtaining search warrant under Section 41 of N.D.P.S. Act, informed his superior officer S.D.P.O. Nanded about the said secret information and by writing a request letter to Tahsildar Ardhapur, he requested him to remain present on the above-said spot for raid. API Molvane (PW-9) rushed on the spot with other police staff and panchas, at about 10.45 a.m. The raiding party found accused No.1, who was sitting on Cot in front of Dhaba with two bags. Therefore, A.P.I. Molvane (PW-9) disclosed his identity and identity of Tahsildar, Ardhapur to accused No.1 and after giving personal search of all the members of the raiding party, he seized two bags containing Ganja from accused No.1. 7.25 kilo-grams Ganja was found in one bag and

(3.) 50 kilo-grams Ganja was found in another bag. From each bag sample of 50 gms Ganja was obtained and it was separately sealed in separate bags, in presence of panchas. Seizure memo (Exh.18) and separate spot panchnama (Exh.38) were drawn on the spot. Accused No.1 was taken to Police Station, Ardhapur alongwith seized muddemal articles. A.P.I. Molvane (PW-9) lodged F.I.R. (Exh.34) against the accused at Police Station, Ardhapur. In the result, offence was registered against accused Nos.1 and 2 at Police Station, Ardhapur under Section 20 (b) (i) of N.D.P.S. Act . 3. A.P.I. Molvane (PW-9) conducted investigation of this Crime. He referred the seized sample bags to Chemical Analyzer, Aurangabad. On examination of both the samples, Chemical Analyzer submitted report (Exh.39) that Ganja was detected in both the samples. After completion of the investigation, charge-sheet was submitted before Special Court, Nanded for the offence punishable under Section 20 (b) (i) of N.D.P.S. Act .