SAHAJI MATTAPATTIL JOSEF MATTAPATTIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein are taking exception to the judgment rendered in Special Case No. 1/2008 by Adhoc Additional Sessions Judge3, Chandrapur, dated 3.5.2008, whereby each of them was convicted for the offence punishable under section 20(a) of the Narcotic Drugs & Psychotropic Substances Act 1985 [hereinafter referred to as N.D.P.S. Act, for the sake of convenience] and sentenced to suffer rigorous imprisonment of 7 years and to pay fine of Rs. 50,000/, in default, to undergo rigorous imprisonment for one year each.

(2.) Facts on the basis of which the charge sheet was filed against the appellants are that, on 12.01.2007 one Tulshiram Nitnaware, P.I. was working at Police Station, Ballarshah (P.W.8). He had conducted raid on receipt of information that at mouja Amdi in the field of Rushi Nale (P.W.1), some people of other State have started cultivating cannabis plants. He, on this information, took permission from S.D.P.O. Chandrapur Shri Manere by the letter. Said letter was shown to Panch Bhaskar Sahare (P.W.7) & one Deokumar Kurul. He had gone for raid along with photographer and Naib Tahsildar - Shri Parkhi (P.W.3). Measurer Jawed Khan (P.W.5) was also called. All of them first came to Police Station Ballarshah. Then they proceeded towards village Amdi. They stopped their jeep near village Yenbodi and then started proceeding towards the field of Rushi Nale by walking. They reached to the spot at about 3.40 p.m. They found six persons cultivating the cannabis plants in the field of Rushi Nale. The present appellants were the same. Then the raiding party offered their search. The accused took their personal search as required under the provisions of N.D.P.S. Act. It is alleged that the appellants had planted cannabis plants in four acres of land which was divided in two parts, one part of 3 acres and other of one acre. The entire field was allegedly having plantation of cannabis. Photographs were taken. All these cannabis plants were uprooted and weighed by the measurer. The weight was found to be 220 kg. Out of that 2 kg. was taken as sample. The same was sealed as per rules and thereafter the same was sent to Chemical Analyser. Investigating Officer Tulshiram Nitnaware, P.I. also took search of the tin shed and found 350 grams seeds of cannabis and so also found other equipments of cultivation i.e. Plastic pipes, five spades, two watering container etc. All these articles were seized. He also took two other samples 25 grams each out of the seized cannabis seeds of 350 grams which were sealed by him under the signatures of panchas and by affixing the labels thereon. He prepared spot panchnama Exhibit 19 in detail on the spot and obtained certificate of Naib Tahsildar Shri Parkhi as per Ex. 20. Thereafter I.O Tulshiram Nitnaware, came to Police Station with all the accused and seized the property. The offence, vide crime No. 3086/2007 for offence punishable under section 20, 21 and 27 of the N.D.P.S. Act was registered. The relevant first information report is produced during the trial. After due investigation, the appellants were chargesheeted for the aforesaid offences. It is alleged that the Investigating Officer had obtained documentary evidence Exhibit 14 from Rushi Nale by which it was revealed that the said portion of land was let out for cultivation by him to one Shankar Ayyar. It is alleged that the appellant No. 3 Polt George was a mediator in the transaction. As stated, the appellants were chargesheeted after due investigation which includes receipt of the Chemical Analysers Report which indicated that said plants were cannabis plants and the seeds were of cannabis.

(3.) Learned Special Judge framed charge against the appellants for the offences under section 20 of the N.D.P.S. Act. The same was explained to the appellants. They pleaded not guilty. Their defence as appears from section 313 Cr. P. C. statement is that the case is false and the police had arrested them on road, took them to P. S. Ballarsha and then took them to the spot i.e. plantation of cannabis.