VASANT SHANKER GAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant, who has been convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-in default to undergo further rigorous imprisonment for two years, has rued this appeal.

(2.) THE accused was charged in the court of Additional Sessions Judge, Naisk in Sessions Case No. 88 of 1986 for having on the 27th of February 1986 at about 6. 20 p. m. near Bhadrakali Taxi Stand close to the public urinal in Nasik city found in possession of heroin (Gard), a psychotropic substance of the value of Rs. 40/- which he was found selling to witness (P. W. 2) Gulam Gaus J i Ian i.

(3.) IT was the case of the prosecution, in short, that P. S. I. Patil on receipt of information that the accused was selling brown sugar at the aforesaid place, arranged for a trip. Two panch witnesses P. W. 3, Rajendra Bhujbal and P. W. 4, Madhukar Bhagwat and the aforesaid punter P. W. 2, Jilani were called at the police station. The punter was given a currency note of Rs. 10/- for purchasing the brown sugar from the accused. A panchanama Exhibit 7 was drawn up by P. S. I. Patil in the presence of two panch witnesses in respect of handing over of the currency note to the punter and about giving him instructions to give a signal after the purchase of brown sugar from the accused.