ASHOK MARUTI ALTEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 28th April 1994 passed by the 3rd Additional Sessions Judge, Nasik in Sessions Case No.68 of 1993 convicting the accused under Section 8(c) read with section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- (Rupees one lakh) in default to suffer rigorous imprisonment for three years.

(2.) BRIEFLY stated the prosecution case is that on 22nd February 1993 at about 4 p.m. PSI Atmaram Jadhav (PW 5) who was attached to City Police Station, Miraj along with other police staff proceeded for patrolling in Miraj City. When the patrolling van came near Ganpati tank, two persons viz. the accused and one Ashok Khade started running away after seeing the police van. Police Head Constable Patil (PW 2) chased the accused and Ashok Khade and apprehended them. The police after giving option to them to be searched in presence of a Magistrate took their personal search. In the personal search of the accused a match box containing 8 packets of reddish colour brown sugar was found in the right side pocket of his pants. P1 Chavan then arranged for bringing the weights and measures on the spot. The powder contained in the packets was measured and found to be about 400 M.Gms. A cash amount of Rs.90/- was also found with the accused no.1. Both the articles were seized and sealed and panchanama to that effect was recorded by the police, FIR was lodged against both, the accused and Ashok Khade, P1 Chavan then further proceeded with the investigation and submitted the charge-sheet on completion of the investigation against both the accused.

(3.) WE have heard Mrs. Patil for the appellant and Mr.Borulkar, learned APP appearing for the State. We have carefully gone through the evidence of the prosecution witnesses. PW 2 Head Constable Patil and PW 5 PSI Jadhav have stated on oath that while patrolling in the city they found the accused. The accused started running away when they saw the police van. PW 2 caught him and in presence of the panchas personal search of the accused was effected. Before taking the search, the accused was given option to be searched before a Magistrate which he declined. Then in the search of the accused a match box was found on the person of the accused and in the match box 8 small packets of brown sugar were found. It is also revealed from the evidence of PW 2 and PW 5 that weighing pan and weights were called from the police station. Muddemal property was measured in presence of the panchas. From the evidence of PW 5 Jadhav. It is further revealed that he took the accused to the Police Station and lodged FIR against him. Muddemal was entrusted to the custody of Muddemal Clerk PW 3 ASI Sayyad. He stated on oath that on 22nd February 1993 at about 7.30 p.m. PSI Jadhav gave the muddemal to him in CR No.50 of 1993. He received sealed packets and cash of Rs.90/-. ASI Sayyad has further stated in his evidence that the other constable working under him Shri A.K.Patil took the entry of the said Muddemal in his presence in the Muddemal Register and the same has been signed by PI Chavan.