RANJAN DAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is a businessman running a Hotel and Restaurant under the name and style Sea Wolf , at Calangute. He has been convicted for an offence punishable under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo 10 years of Rigorous Imprisonment and to pay a fine of One lakh of Rupees and, in default of payment, to undergo a further period of 1 year of Rigorous Imprisonment.

(2.) The facts that led to the above conviction and sentence are simple and may be stated: On an alleged information, the Assistant Superintendent of Police, Mapusa, Shri Dilip Kumar, proceeded with a police party to Calangute in order to lay a trap to the appellant herein, who according to the said information, was trafficking in narcotics. This happened on 26th July, 1986, at about 4.00 P.M. On reaching the police station of Calangute, the P.S.I. Tari, was directed to bring two panchas. On compliance with this direction, two panchas, namely, one Gowardan Sawal alias Aba Sawal and one Ravi Namdev Nagvekar were bought to the place and, thereafter, 500 rupees were handed over to the pancha Sawal who was directed to approach he appellant and to purchase from him some brown sugar. The said 500 rupees were in 100 rupees notes and were all initialled by P.S.I. Tari. Sawal was instructed to make a signal to the police party after the purchase of the narcotics from the appellant. Thereafter, the police party left the police station of Calangute and proceeded to Sea Wolf Hotel. They stopped at a distance of about 50 metres from the said Hotel and Sawal proceeded further and entered the same Restaurant. After some time, he came out and made a signal to the police party who immediately went to the Hotel. The appellant and his wife obstructed the police party and did not allow them to enter the premises of the Hotel. The Assistant Superintendent of Police, Dilip Kumar, identified himself and, in the meanwhile, the original accused No. 2, i.e. the wife of the appellant, allegedly slapped P.C. Punaji Gauns and further, pushed aside Dilip Kumar and rushed to her kitchen and from there went to the first floor.

(3.) According to the police Sawal produced a small polythene bag saying that it contained 5 grams of white sugar, that is to say, heroin and that he had purchased it from the appellant since brown sugar was not available. Thereafter, the police party succeeded in persuading the appellant to allow them to search the place. The appellant persuaded his wife to open a door in the first floor and the police party proceeded thereafter to search the premises of the Hotel. Five Hundred rupees were found under a mattress in the bed-room of the appellant. These 500 rupees were bearing the initials of P.S.I. Tari and were identified by Sawal as being the money handed over by him to the appellant. The appellant and his wife were thereafter arrested and taken to the police station.