DEEPAK GHANSHYAM NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the appellant-accused who was convicted by the learned Additional Sessions Judge, Thane, in Sessions Case No. 605 of 1986 under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rupees one lakh, in default to suffer simple imprisonment for two years and six months, by this judgment and order dated November 26, 1987.

(2.) The relevant facts giving rise to the appeal are as under: On October 2, 1986, Police Constable Premanand Gopal Kalgutkar (P.W. 1) along with Police Head Constable Thakur and Police Constables Shimpi, Thosar and Karande of the Bazarpeth Police Station, Kalyan was on a patrolling duty. Near Valipeer Naka, they noticed the appellant behaving in a suspicious manner and, therefore, proceeded towards him when he tried to run away but was ultimately apprehended. Immediately thereafter, two panch witnesses, including Arun Madhav Zankar (P.W. 2), were called and his personal search was taken which revealed that there were four packets of guard in the left side pocket of his shirt. The said packets were put in a plastic box and were sealed, labelled and attached under a panchanama. The appellant along with the seized property was taken to Bazarpeth Police Station where Police Constable Kalgutkar filed a complaint (Exh. 9). Police Sub-Inspector Ashok Shankarrao Surveganth (P.W. 3) registered the crime and handed over further investigation to Police Head Constable Govind Sitaram Satardekar (P.W. 4) who upon completion of the investigation charge-sheeted the appellant in the Court of the Judicial Magistrate, First Class, on October 13, 1986. During the pendency of the proceedings, the seized property was sent to the Chemical Analyser, Bombay. The learned Magistrate committed the case to the Court of Sessions, Thane.

(3.) The learned Additional Sessions Judge, Thane, framed a charge as per Exh. 4 which clearly stated that on or about October 2, 1986 at about 1.15 p.m. at Valipeer Naka, opposite Swagat Lunch Hotel at Kalyan, Tal. Kalyan in Thane District, the appellant was found in possession of four packets of guard (heroin), in contravention of the Act and the rules and orders made thereunder. But, it was wrongly mentioned in the charge that the appellant committed offences punishable under section 17 read with section 22 of the Act. However, the charge was properly understood by the appellant who pleaded not guilty to it. His defence was that he was residing at Ambernath and came to Kalyan for work but as he missed the person with whom he was supposed to work he was passing by the road when he was apprehended in the chowk and taken to Police Station and that the entire prosecution case was false. He adduced no evidence in defence.