WILFRED JOSEPH DAWOOD LEMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal, preferred from jail, by the appellant accused, (hereinafter referred to as "the appellant") challenging his conviction for being found in possession of narcotic drug viz. crude heroin which is popularly known as 'smack' or 'brown Sugar' or 'gard-powder' under Section 8 (c) read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentence of ten years rigorous imprisonment and a fine of Rs. 1,00,000/-, in default to undergo further rigorous imprisonment for two years inflicted on him by the learned Additional Sessions Judge, Greater Bombay, Bombay by his judgement and order dated June 2, 1987 in Sessions Case No. 381 of 1986.

(2.) THE relevant facts giving rise to the appeal are as under :- On February 2, 1986, the staff of the Palton Road Police Station, dealing with the offences under the Act, were on patrolling duty. They arrived near the Bombay Dyeing building along the Heradia Road in Ballard Pier area at about 11. 20 a. m. The appellant was noticed there smoking cigarette. On seeing the police he started running away but was apprehended within a short distance. His personal search taken in the presence of panch witnesses revealed that he was in possession of 15 plastic vials containing brown powder. One paper tube a piece of foil used in cigarette packets, a coin of ten paise and cash of Rs. 5,037/- were the other items recovered from him. All these articles were packed, sealed and labelled on the spot and taken charge of by the police. The appellant and the seized articles were taken to Palton Road Police Station. Police Naik 5308 Vishnu Chavan lodged the first information report (Exh. 6 ). Out of the fifteen vials two were sent to Chemical Analyser, Suresh Kamtikar (P. W. 3), whose report (Exh. 11) showed that the brown powder was crude heroin.

(3.) IN order, to prove its case the prosecution examined four witnesses at the trial Vishnu Chavan (P. W. 1) and Bhimdev Rathod (P. W. 4) were the members of the patrolling party who had apprehended and searched the appellant. Sayyed Ali Sayed Gafoor (P. W. 2) was the panch witness in whose presence the appellant was searched and articles found in his possession were taken charge of under a panchanama. And Suresh Kamtikar (P. W. 3) was the Assistant Chemical Analyser who had analysed the samples of the brown powder recovered from the appellant.